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UNIVERSITY  OF  CALIFORNIA. 


Received         JAN     26   1 893  ,  /^p 


,     A  cress  ions  Mo.  0  Q  I  o  <^        Shelf  No. 

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* 


II-III 


CHURCH  AND  STATE 


NEW  ENGLAND 


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JOHNS  HOPKINS  UNIVERSITY  STUDIES 

IN 

Historical   and   Political   Science 

HERBERT  B.  ADAMS,  Editor 


History  is  past  PoUtics  and  Politics  present  History— i^reeman 

TENTH  SERIES 
II-III 

CHURCH  AND  STATE 

IN 

NEW  ENGLAND 


BY   PAUL    E.   LAUER,   A.M, 

Fellow  in  Bistory,  Johns  Hopkins  University 


^=iTTV 


BALTIMORE 

The   Johns  Hopkins  Press 

February  and  Marcli,  1893 


^o/3 


7 


Copyright,  1S92,  by  The  Johxs  Hopkixs  Press. 


JOHN   MURPHY  &  CO.,   PRI>'TEES. 
BALTIMORE. 


C<JU 


PREFACE. 


The  complete  separation  of  church  and  state  is  an  American 
doctrine.  European  governments  have  long  maintained  church 
establishments.  The  Puritan  colonists  of  New  England  in  the 
seventeenth  century  were  not  prepared  to  organize  on  principles 
that  characterize  the  relations  of  church  and  state  in  America 
to-day.  They  followed  the  example  of  the  mother  country  and 
united  the  civil  and  ecclesiastical  organizations.  They  estab- 
lished the  Congregational  church  and  endeavored  to  maintain 
it  by  law  against  all  opposition. 

The  design  of  this  monograph  is  to  give  the  history  of  the 
establishment,  to  point  out  the  causes  that  led  to  the  dis-estab- 
lishment  and  also  the  steps  by  which  the  latter  was  brought 
about.  The  author  aims,  in  this  way,  to  trace  the  growth  of 
religious  liberty  from  the  time  of  the  first  settlements  to  the  final 
triumph  of  religious  freedom  in  New  England  in  1834. 

P.  E.  L. 


CONTENTS. 


PAGE. 

Chapter  I. — Introductory. 

The  Eeformation  in  England 12 

Rise  of  the  Puritans 15 

Kise  of  the  Brownists 17 

The  Brownists  in  Holland ■  18 

Their  Reasons  for  Coming  to  America 19 

Ideas  of  the  Relations  of  Church  and  State 24 

The  Puritans 26 

Their  Reasons  for  Coming  to  America 27 

The  Organization  of  the  Colony  at  Salem 28 

Plymouth  and  Salem 29 

Chapter   II.— The   Civil   and   Ecclesiastical   Beginnings   of 
New  England. 

Massachusetts "^1 

Extension  of  the  Plymouth  Colony;  its  Causes  and  Results 31 

Extension  of  the  Puritan  Colony ^^ 

Relations  of  Church  and  State 32 

(a)  At  Plymouth 32 

(6)  The  Puritans 33 

Laws  of  1631, 1638, 1644, 1658 34 

(c)  The  Charter  of  1691 35 

Its  provisions  for  Liberty  of  Conscience 35 

Laws  under  the  Charter ••••  36 


Maine. 


36 


The  Popham  Colony 36 

Maine  Episcopal , ^' 

Massachusetts  assumes  the  government  of  Maine 38 

Relations  of  Church  and  State 40 

New  Hampshire '*^ 

Early  Settlements "11 

Massachusetts'  Jurisdiction 41 

Relations  of  Church  and  State 42 

Connecticut 4o 

The  Connecticut  Colony 43 

7 


8  Contents. 

PAGE. 

New  Haven  Colony 43 

Their  Puritan  Character , 44 

Relations  of  Church  and  State 44 

Congregational  Order  approved 45 

The  Condition  of  Connecticut  in  1680 45 

Rhode  Island 46 

Founded  by  Roger  Williams 46 

Relations  of  Church  and  State 47 

Religious  Freedom  guaranteed  by  Charter  of  1663 48 

Vermont 49 

Its  Early  Settlements 49 

Controversy  with  New  York 49 

Relations  of  Church  and  State 50 

Article  III  of  Bill  of  Rights  of  the  Constitution  of  1777 50 

Chapter  III. — The  Development  of  Religious  Liberty  in  the 
Seventeenth  Century  to  1691. 

(1)  Persecution  develops  Religious  Liberty 52 

In  Massachusetts 52 

In  Connecticut 55 

In  Rhode  Island — its  Religious  Liberty  the  first  fruits  of  per- 
secution in  Massachusetts 55 

(2)  The  Extension  of  the  Franchise 56 

In  Connecticut 56 

By  Charter  of  1662 56 

In  Massachusetts 57 

(a)  Maine  and  New  Hampshire  citizens  not  church  members  57 

{h)  The  Adoption  of  the  Half-way  Covenant 58 

(c)  The  King  insists  upon  giving  all  citizens  the  Franchise..  60 

His  letter 60 

The  Church  Membership  Qualification  law  repealed..  61 

Its  substitute 61 

(3)  Massachusetts'  controversy  with  the  King  forces  her  to  a  more 

liberal  policy 64 

All  persecuting  laws  repealed 64 

Chapter  IV. — Development  of  Religious  Liberty  in  the  Eigh- 
teenth Century  to  1787. 

The  Commercial  and  Industrial  Life  of  New  England  tends  towards 

Religious  Liberty 68 

Breaking  up  of  the  Old  Town-Church  System 69 

Charter  of  1691.  Baptist  Swansea  under  jurisdiction  of  Massachu- 
setts   69 

Towns  begin  to  support  two  Churches 70 


Contents.  ^ 

PAGE. 

Boston,  Hartford,  Windsor  and  Newbury '^^^ 

Increase  in  Number  of  Dissenters ^^ 

Baptists  and  Episcopalians ^^ 

Prominent  men  among  Dissenters ^ 

Dissenters  not  social  outlaws  in  1700 ^^ 

Baptist  ordination  in  Boston 

Eector  Cutler  and  the  Episcopalians ".- ••'■"••■■ 

The  condition  of  religion  at  the  beginning  of  the  Eighteenth  Cen-  ^^ 

tury r.g 

Influence  of  the  Half-way  Covenant ^^ 

Influence  of  State  Churchism VV;'"';Vr-iVJ' *i,"I 

Opinions  of  the  Rev.  Torry,  Dr.  Mather  and  Mr.  Willard  on  the  ^^ 

Condition  of  Religion •  ^^ 

The  Dissenters  and  the  Exemption  Laws ^^ 

Progress  of  Religious  Liberty ^^ 

Jn  Massachusetts '„""A!""i" a 

Exemption  Laws  for  Episcopalians,  1735, 1742 ;  for  Quakers  and     ^^ 

Baptists ■. ■ i"j"  " 

Baptists  object  to  Certificate  System  because  it  acknowledges     ^^ 

State  control . 

Bill  of  Rights  of  1780 ^^ 

In  Connecticut „_ 

Act  of  Toleration,  1708 ^^ 

Exemption  Laws 

Episcopalian,  1727 

Quaker  and  Baptist,  1729 ^^ 

The  Great  Awakening 

Law  of  1742 gg 

Separates gg 

Saybrook  Platform  abrogated  1784 ^^ 

In  Nexv  Hampshire 

Law  of  1714  cited ^^ 

Bill  of  Rights,  1784 ^^ 

In  Vermont g^ 

Bill  of  Rights,  1777 ^^ 

Law  of  1783  quoted ^^ 

In  Rhode  Island „„ 

No  State  Church-Disfranchised  Catholic." 

Chapter  V  -Development  of  Religious  Liberty  in  the  Nine- 
teenth Century— Disestablishment. 

95 

The  Federal  Constitution ••■•; ',""'r""i'll',^'Z 

Its  amendments  as  to  religious  tests  and  religious  freedom  help  to     ^^ 
settle  the  question  in  the  States 


10  Contents. 

PAGE. 

Disestablishment 98 

In  Vermont 98 

Law  of  1801  to  appease  dissenters  not  satisfactory 98 

Disestablishment  in  1807 99 

In  Connecticut 99 

Could  more  be  asked  for  than  the  Law  of  1791  granted?     Law 

quoted ' 99 

Dissenters  combine  with  Kepublicans  to  overthrow  the  Charter 

government 100 

Bill  of  Rights,  1818,  destroys  the  Church  establishment.     Arti- 
cles quoted 101 

In  New  Hampshire 101 

Baptists  recognized  as  a  sect  in  1804;  Universalists  in  1805; 

Methodists  in  1807 101 

Toleration  Act  of  1819 102 

In  Maine 102 

Separates  from  Massachusetts — ^ew  constitution  puts  religion 

on  a  voluntar}'  basis 102 

Article  III  of  the  Bill  of  Rights  quoted 1C2 

In  Massachusetts 103 

Baptists  test  Certificate  System  under  Bill  of  Eights 103 

Unjust  interpretation  of  the  Laws 104 

Religious  Freedom  Act  of  1811 104 

Government  by  majority 104 

Dedham  case  cited 105 

The  Unitarian  Ascendancy 106 

Disestablishment,  1834 106 


A/^^  OF  THE     ^. 

CHURCH  AND  STATE  IN  NEW  ENGLAND. 


CHAPTER  I. 

IlSTTEODUCTOEY. 

A  study  of  church  and  state  in  America  may  well  begin 
with  results  of  the  Reformation  in  England.  Puritan, 
Independent,  Separatist,  Pilgrim,  were  but  the  names  of 
those  zealous  English  Protestants  who,  no  longer  satisfied 
with  the  Church  of  Rome,  stood  for  the  reform  of  its  doctrine 
and  polity.  The  teachings  of  Wycliffe,  Erasmus  and  Colet 
had  prepared  the  way  for  the  reform  in  England,  and,  what- 
ever may  have  been  Henry  VIII. 's  motive  for  declaring  his 
ecclesiastical  independence,  there  is  little  doubt  that  there 
was  a  considerable  party  ready  to  support  him  in  his  opposi- 
tion to  the  Pope.  The  Defender  of  the  Faith  was  far  from 
ready  to  take  up  tiie  cause  of  Protestantism  ;  nevertheless,  the 
advocates  of  reform  saw  in  the  separation  from  Rome  a  point 
gained  for  their  cause.  The  dissolution  of  the  monasteries 
which  followed  gave  the  death-blow  to  the  Catholic  hier- 
archy in  England  and  undermined  the  whole  Catholic  party  ; 
and,  more  than  that,  it  raised  up  a  party  which  not  alone  from 
principle  but  from  self-interest  opposed  every  effort  to  re-es- 
tablish Catholicism.  In  this  way  again  the  King  aided  the 
cause  of  the  reformers.  Henry  VIII.,  however,  was  at  heart 
a  Catholic  and  he  aimed  to  enforce  a  Catholicism,  with  himself 
as  Pope,  upon  the  English  people.     The  Statute  of  Six  Articles 

11 


12  Church  and  State  in  Neio  England.  [94 

passed  in  his  reigu  made  it  a  crime  punishable  by  death  to 
write,  preach  or  dispute  against  transubstantiation ;  celibacy 
of  the  clergy  and  auricular  confession  were  insisted  upon. 
Aside  from  these  and  some  minor  points  the  King  was  not 
unwilling  to  be  more  or  less  liberal  to  the  Protestants,  He  at 
one  time  permitted  an  English  translation  of  the  Bible  to  be 
used  in  every  parish  church  ;  but  even  this  privilege  was 
abridged  a  few  years  before  the  King's  death. 

The  reign  of  Edward  VI.  is  marked  by  the  effort  made  to 
establish  Protestantism.  Images  were  removed  from  the 
churches ;  auricular  confession  was  made  optional  with  each 
individual ;  marriage  was  allowed  to  the  clergy ;  the  sacra- 
ment of  the  altar  was  administered  in  both  kinds.  Hallam 
tells  us  that  the  Roman  worship  was  proscribed ;  that  many 
persons  were  sent  to  prison  for  hearing  mass,  and  that  Mary 
herself  was  not  permitted  to  have  the  exercise  of  her  religion 
at  home.^  Parliament  made  it  penal  for  any  minister  to  use 
in  any  cathedral,  parish  or  church  any  other  than  the  Book 
of  Common  Prayer.  In  this  way  uniformity  of  service  was  to 
be  secured.  The  Six  Articles  of  Henry  VIIL  were  repealed. 
A  Book  of  Homilies  embodying  the  doctrines  of  Cranmer 
was  compiled  and  ordered  to  be  read  in  the  churches.  The 
Forty-two  Articles  of  Religion  were  introduced  as  the  stand- 
ard of  doctrines.  Subscription  to  these  Articles  was  demanded 
of  all  clergymen,  church-wardens  and  school-masters.  The 
Reformation  in  England  under  Edward  tended  towards  a 
Calviuistic  theology  and  Zwinglian  ceremony.  "The  new 
Prayer-book,"  says  Green,  "  was  revised,  and  every  change 
made  in  it  leaned  towards  the  Protestantism  of  Geneva."  ^  It 
must  be  remembered,  however,  that  the  great  body  of  English 
people  was  Catholic  and  consequently  there  was  no  little 
opposition  to  these  reforms.     It  was,  therefore,  inexpedient  for 


1  Constitutional  History  of  England,  Vol.  I,  Chap,  ii,  p.  106.     The  refer- 
ences are  to  the  Standard  Edition. 

''Green's  Short  History  of  the  English  People,  p.  366. 


95]  Introductory.  13 

the  English  reformers  to  go  as  far  as  those  of  the  continent 
wished  them  to  go.  Cranmer  thought  it  wise  to  retain  some 
of  the  ceremonial  usages.  He  refused  to  do  away  with  the 
copes  and  rochets  of  the  bishops  and  the  surplice  of  the  priest. 
On  account  of  this  and  in  spite  of  all  the  sweeping  changes 
that  had  been  made,  some  of  the  continental  reformers  did  not 
hesitate  to  utter  their  dislike  of  "  the  backwardness  of  the 
English  Reformation."  But  there  is  no  doubt  that  it 
approached  in  both  doctrine  and  ritual  as  near  to  Protestant- 
ism as  the  circumstances  of  the  time  would  permit.  The  posi- 
tion taken  bv  the  English  church  was  midway  between  Catho- 
licism and  Protestantism.  It  satisfied  neither  party;  its 
authority  had  now  to  be  maintained  by  persecution  of  Catholic 
and  Protestant  alike. 

At  the  accession  of  Mary  the  realm  was  brought  back  to  the 
old  religion.  The  Anti-Catholic  acts  passed  in  the  reigns  of 
Edward  and  Henry  were  swept  away.  Many  of  the  nobility 
and  a  large  part,  perhaps  a  majority,  of  the  people  supported 
Mary  in  the  return  to  Catholicism.  Her  marriage  with 
Philip  of  Spain,  however,  made  her  unpopular ;  it  also  "  created 
a  prejudice  against  the  religion  which  the  Spanish  Court  so 
steadily  favored."  ^  In  addition  to  this,  her  widespread  and 
cruel  persecution  of  the  Protestants  alienated  many  of  her  sub- 
jects. Hallam  tells  us,  on  the  authority  of  Strype,  that  many 
became  Protestants  under  Mary  who,  "  at  her  coming  to  the 
throne,  had  retained  the  contrary  persuasion."  -  Persecution 
drove  Protestants  out  of  the  realm.  Some  of  them  took 
refuge  iu  Switzerland,  others  in  Germany.  Calvin  and 
Zwingli  received  the  exiles  kindly,  but  Luther  had  little  sympa- 
thy with  them.  During  their  stay  in  Geneva  and  other  parts  of 
Switzerland  they  observed  the  simplicity  of  worship  so  char- 
acteristic of  the  Zwinglian  churches.  Here  they  saw  the 
affairs  of  church  and  state  administered  by  the  people.  By 
a  majority   of  vqtes  the  people  chose  their  ministers.     That 


>  Hallam,  Vol.  I,  p.  115.  *  Const.  HisL,  I,  115. 


14  Church  and  State  in  New  England.  [96 

form  of  worship  was  adopted  which  had  been  agreed  upon  by 
the  voters.  There  was  here  no  hierarchy  with  the  King  at 
its  head.  Here  the  English  exiles  saw  and  learned  democratic 
government.  For  some  of  them  this  became  the  ideal  church 
government.  The  proof  of  this  is  the  rise  of  the  Independ- 
ents in  England  a  few  years  later. 

The  accession  of  Elizabeth  in  1558  brought  a  return  to 
Protestantism.  Elizabeth,  like  Cranmer,  seemed  to  recognize 
that  many  of  the  English  people  were  Catholic.  She  made  it 
her  policy  to  avoid  extremes.  The  position  that  the  Church 
of  England  had  taken  midway  between  the  old  and  new 
religions  Elizabeth  endeavored  to  maintain.  She  brought 
back  into  service  Edward  YI.'s  Prayer-book  altered  but  little. 
The  Forty-two  articles  drawn  up  under  Edward,  revised  and 
reduced  to  thirty-nine,  again  became  the  standard  of  doctrine. 
By  the  Act  of  Supremacy  she  rejected  the  papal  authority  over 
the  English  Church  but  she  did  not  assume  the  title  of 
Supreme  Head  of  the  Church,  as  her  father  had  done.  In  doc- 
trine she  may  be  said  to  have  taken  the  position  of  a  Protest- 
ant. In  ceremony  she  inclined  toward  the  Catholic.  She  had 
a  strugole  with  the  reformers  about  images  and  particularly 
the  cmcifix.  In  1559  she  yielded  and  ordered  them  to  be 
taken  out  of  the  churches.  As  to  the  celibacy  of  the  clergy 
she  never  could  be  brought  to  adopt  the  Protestant  view ;  she 
never  would  consent  to  make  their  marriage  lawful.  Con- 
flicts with  Catholics  and  Protestants  were  inevitable.  Eliza- 
beth was  firm  in  maintaining  her  ecclesiastical  supremacy. 
She  determined  to  secure  outward  conformity  to  the  religion 
she  had  established.  To  carry  out  her  determination  persecu- 
ting acts  against  Catholic  and  Protestant  sectaries  had  to  be 
passed.  This  policy  of  coercion  was  maintained  by  her 
throughout  her  reign. 

Elizabeth's  struggle  with  the  Catholics  was  no  less  a  politi- 
cal than  a  religious  one.  ^Nlary,  Queen  of  Scots,  was  asserting 
her  claim  to  the  English  crown.  The  Catholics  were,  doubt- 
less, in  sympathy  with  her,  and  supported  and  encouraged  by 


97]  Introductory.  15 

an  organized  band  of  Jesuits,  they  were  a  source  of  danger  to 
Queen  Elizabeth.  It  is  not  surprising  that  their  zeal  for 
]Mary's  cause  brought  upon  them  the  suspicion  of  disloyalty. 
But  there  was  more  than  disloyalty ;  there  is  evidence  of  a 
plan  to  assassinate  Elizabeth  that  Mary  of  Scotland  might  be 
placed  on  the  throne.  There  is,  therefore,  at  least  a  partial 
justification  for  the  severe  persecution  that  the  Catholics 
endured  in  this  reign. 

The  struggle  with  the  Protestants  was  more  religious  than 
political.  Those  who  had  been  exiled  in  the  reign  of  Mary 
now  returned  home  from  Switzerland  and  were  thoroughly 
determined  to  set  up  a  church  with  as  simple  a  worship  as  they 
had  seen  in  Geneva.  They  believed  that  the  vestments  worn 
by  the  clergy,  if  of  no  importance  in  themselves,  recalled  their 
former  superstition.  From  vestments  to  Catholicism  was  but 
a  short  step.  ''  Such  eminent  churchmen  as  Jewell,  Griudall, 
Sandys,  Newell,  were  in  flivor  of  leaving  off  the  surplice  and 
what  were  called  the  papish  ceremonies."  ^  The  party  favor- 
ing these  reforms  was  called  Puritan  in  reproach  of  their 
demands  for  a  pure  worship.  There  was  in  the  church 
another  party  represented  by  Parker  and  the  Bishop  of  Ely. 
Their  ideas  of  the  Reformation  were  like  those  of  Elizabeth ; 
in  doctrine  they  were  thoroughly  Protestant,  in  ceremony  they 
inclined  to  the  Catholic.  They  were  not  willing  at  a  blow  to 
remove  vestments,  images  and  all  that  was  dear  to  the  hearts 
of  thousands  of  Englishmen.  They  wished  to  give  as  little 
shock  as  possible  to  the  many  loyal  Catholics.  They  aimed  to 
change  oulv  those  forms  and  ceremonies  which  they  considered 
absolutely  necessary  to  change,  and  to  retain  as  much  of  the 
old  as  they  could.  These  two  parties  were,  at  first,  but  fac- 
tions of  the  great  Protestant  party.  The  points  on  which 
thev  agreed  were  far  more  important  than  those  upon  which 
they  differed.  Their  long  continued  disputes  on  their  differ- 
ences,  however,   made  them   forget  their  common   principles 


1  Child's  Church  and  State  under  the  Tudors. 


16 


Church  and  State  in  Neic  England.  [98 


and  aims.  These  were  relegated  to  the  background,  while 
their  wranglings  about  mere  habits  and  ceremonies  were 
brought  forward.  The  two  factions  were  alienated  and 
became  bitter  political  enemies. 

In  the  year  following  the  accession  of  Elizabeth  the  Act  of 
Uniformity  was  passed.     This  act  brought  into  use  the  revised 
Book  of  Common  Prayer;  it  provided  a  penalty  for  any  par- 
son, vicar  and  other  minister  using  any  but  the  established 
liturgy ;  it  made  attendance  at  the  parish  church  on  Sunday 
and    holidays    compulsory.     Both    this  act   and    the   Act  of 
Supremacy  were,  at  first,  cautiously  enforced.     The  consciences 
of  some  of  the  Puritans  would   not  allow  conformity  to  the 
rites  of  the  church.     The   Puritan  laymen   held   their  secret 
meetings.     The  Puritan  clergymen  managed  to  evade  the  laws 
and  to  adopt  ceremonies  more  in  accordance  with  their  tastes. 
"Some  clergymen  continued  to  wear  the  habits,  others  laid 
them  aside.     The  communicants  received  the  sacrament  sit- 
ting, or  standing,  or   kneeling,  according    to    the    ministers' 
tastes."^     The  malcontents    were   growing    more    numerous 
every  day.     Elizabeth  determined  to  enforce  the  laws  more 
rigorously.     In  1565  an  effort  was  made  to  put  a  stop  to  the 
irregularities    in  worship.     "■  Two  of  the  most  eminent  Puri- 
tans were  deprived  of  their  preferments ;  and  tliirty-seven  of 
the  London  clergymen  refusing  to  comply  with  the  legal  cere- 
monies, were  suspended  from  their  ministry  and  threatened 
with  punishment  of  deprivation."  ^     The  Puritans  in  Parlia- 
ment introduced  Bills  for  abolishing  various  ecclesiastical  rites 
and  ceremonies.     To  all  these  proposed  reforms  the  Queen 
stood  rigidly  opposed. 

As  the  Protestant  party  had  become  divided  into  two  fac- 
tions, so  now  one  of  these,  the  Puritan,  became  divided.  The 
larger  part  continued  their  struggle  without  leaving  the 
church.     They  hoped  by  their  influence  in  Parliament  and  in 


^  Hallam,  Vol.  I,  p.  182. 

^  Taswell-Langmead,  English  Constitutional  History,  p.  477. 


99]  Introductory.  17 

the  Council  to  bring  about  their  reforms.  This  part  retained 
the  name  Puritan.  Geneva  is  said  to  have  been  at  once  the 
strength  and  weaisness  of  the  Puritan ;  his  strength  because 
here  he  saw  liis  ideal  realized ;  his  weakness  because  it  taught 
him  to  try  to  get  his  reforms  through  the  state. 

To  the  other,  the  smaller  faction,  observance  of  a  ritual 
which  they  considered  idolatrous  was  sin.  To  them  the  idea 
of  a  national  church  was  repulsive.  They  believed  that  a 
church  is  a  company  of  believers  organized  in  the  name  of 
Christ,  independent  of  civil  or  other  ecclesiastical  organiza- 
tion. With  such  a  conception  of  a  church  they  claimed  it  to 
be  their  right  to  separate  from  the  Church  of  England  and  to 
organize  for  themselves.  They  were  called  Brownists  after 
one  of  their  leaders,  or  Barrowists  after  another.  As  early  as 
1580  Robert  Brown  began  to  promulgate  his  doctrines.  Any 
number  of  Christians,  themselves  choosing  and  ordaining  their 
pastors,  and  administering  all  their  ecclesiastical  affairs, — a 
body  entirely  independent  of  the  civil  power, — was  his  ideal 
church.  Dr.  H.  ]M.  Dexter  in  his  Congregationalism  of  the 
Last  Three  Hundred  Years  claims  that  to  Robert  Brown  is 
due  the  proud  distinction  of  first  advocating  in  the  English 
tongue  the  modern  doctrine  of  the  relation  of  church  and 
state.^  Brown  deserted  the  Brownists  but  his  associate,  Har- 
rison, took  his  place.  The  little  company  never  wanted- 
leaders.  After  Brown  and  Harrison  came  Copping  and 
Thacker,  then  Greenwood  and  Barry,  then  Johnson  and 
Penry.  By  1592  there  were  said  to  be  more  than  20,000 
Brownists  in  England.  "As  they  went  far  beyond  the  Puri- 
tans in  their  aversion  to  the  legal  ministry,  they  were  deemed 
in  consequence  still  more  proper  subjects  for  persecution."^ 
Barrow  and  Greenwood  were  indicted  for  spreading  seditious 
writings.  For  six  years  they  lay  in  prison  where  they  wrote, 
as  they  had  opportunity,  short  statements  of  their  views  and 
doctrines.     These  were  sent  to  Holland  to  be  printed  and  then 

1  Dexter,  p.  101.  ^HaUam,  Vol.  I,  p.  216. 

2 


18  Church  and  State  in  Xew  England.  [100 

returned  to  England  for  circulation.  One  of  these  papers 
"  preserved  in  the  state  records,  endorsed  by  Jerome  Studley, 
one  of  the  Separatist  prisoners,"  has  the  following  statements  : 
"  The  church  as  it  is  seen  in  this  present  world,  consisteth  of  a 
company  and  fellowship  of  faithful  and  holy  people,  gathered 
in  the  name  of  Christ  Jesus,  their  only  King,  Priest  and 
Prophet,  worshipping  Him  aright,  being  peaceably  and  qui- 
etly governed  by  his  officers  and  laws,  keeping  the  unity  of 
the  faith  in  the  bond  of  peace  and  love  unfeigned. 

"We  seek  to  worship  and  obey  Christ  as  our  only  King, 
Priest  and  Prophet :  and  to  our  prince  we  are  humble  aud 
obedient  subjects  in  all  things  which  are  not  repugnant  ta 
God's  laws. 

"  There  is  no  power  given  the  prince  to  restrain  any  jot 
or  liberty  of  the  Church  or  to  withhold  any  one  person  from 
doing  the  whole  will  of  God  in  their  calling,  much  less  is  there 
any  power  given  the  prince  to  draw  or  compel  the  Church,  or 
any  member  thereof,  to  the  least  transgression  or  error."  ^ 

Here  the  church  and  state  were  differentiated.  There 
seems  to  be  little  doubt  that  these  Brownist  prisoners  had  as 
early  as  1597  the  modern  view  of  the  relation  between  church 
and  state. 

England  had  no  place  for  such  views  in  the  seventeenth 
century.  The  most  of  the  Brownists  were  put  down  by  per- 
secution. One  little  band  had  organized  themselves  into  a 
church  at  Scrooby  in  Xottinghamshire.  Their  minister  was 
"Mr.  Richard  Clifton,  a  grave  and  reserved  preacher. 
Among  them  was  that  famous  and  worthy  man,  Mr.  John 
Robinson"^  and  Mr.  William  Brewster.  Tliey endured  per- 
secution until  1608  when  they  took  refuge  in  Holland,  which 
had  been  for  many  years  an  asylum  for  religious  exiles.  As 
early  as  1593  a  band  of  Brownists  had  fled  from  London  and 


1  Waddington's  History  of  Congregationalism,  Vol.  II,  p.  32. 
^Bradford's  Hislory  of  Plymouth  Plantation,  p.    10.     Mass.   Hist.   Society 
Col.,  Vol.  Ill,  IV  Series. 


101]  Introductory.  19 

had  organized  a  church  at  Amsterdam.  Later  a  second  con- 
gregation who  were  of  "  sundry  towns  and  villages,  some  in 
Nottinghamshire,  some  of  Lincolnshire,  and  some  of  York- 
shire, with  their  pastor,  John  Smith,"  ^  joined  their  brethren 
in  the  Netherlands.  Here  they  aimed  to  carry  out  the  princi- 
ples of  Brownism  to  their  full  extent.  Controversies  with  the 
reformers  of  the  continent  and  disputes  among  themselves 
soon  arose.  There  was  much  dissension  among  them  when 
the  Pilgrims  from  Scrooby  with  their  pastor,  John  Robinson, 
arrived.  Bradford  says:  "And  when  they  had  lived  at 
Amsterdam  about  a  year,  Mr.  Robinson,  their  pastor,  and 
some  others  best  discerning,  seeing  how  Mr.  John  Smith  and 
his  company  were  already  fallen  into  contention  with  the 
church  that  was  there  before  them,  and  no  means  they  could 
use  would  do  any  good  to  cure  the  same,  and  also  that  the 
flames  of  contention  were  likely  to  break  out  in  the  ancient 
church  itself;  which  things,  they  prudently  foreseeino;,  thought 
it  was  best  to  remove,  before  they  were  any  way  engaged  with 
the  same.  For  these  and  some  other  reasons  they  removed  to 
Leyden."  ^  Here  ''  they  fell  to  such  trades  and  employments  i 
as  they  best  could ;  valuing  peace  and  their  spiritual  comfort  i 
above  any  other  riches  whatever.  And  at  length  they  came 
to  raise  a  competent  and  comfortable  living  but  with  hard  and 
continued  labor." ^  Their  relations  with  the  Dutch  were 
pleasant.  They  were  readily  employed  because  of  their  hon-  \ 
esty  and  faithfulness.  "  The  Dutch  would  trust  them  in  any  1 
reasonable  matter  when  they  wanted  money."  *  There  were, 
however,  many  objections  to  their  making  Leyden  their  per- 
manent home.  After  they  lived  there  about  twelve  years  they 
began  to  think  of  emigrating  to  another  country.  The  fol- 
lowing are  the  chief  reasons  as  given  by  Bradford  for  their 
removal  from  Holland  to  America.  (1)  "Great  labor  and| 
hard  fare,  with  other  inconveniences "  ^  had  to  be  endured,  i 

1  Bradford,  p.  9.  *  Bradford,  p.  17. 

3  Bradford,  p.  17.  •»  Bradford,  p.  19.  »  Bradford,  p.  24. 


20  Church  and  State  in  New  England.  [102 

/  "Some  preferred  and  chose  prisons  in  England  rather  than 
liberty  in  Holland  with  those  afflictions.  But  it  was  thought 
that  if  a  better  and  easier  place  of  living  could  be  had,  it 
N^ould  draw  many  and  take  away  these  discouragements." 
(2)  They  saw  "  old  age  began  to  come  on  some  of  them  ;  and 
their  great  and  continued  labors,  with  other  crosses  and  sor- 
rows, hastened  it  before  the  time ;  so  as  it  was  not  only  proba- 
bly thought,  but  apparently  seen,  that  within  a  few  years  more 
they  were  in  danger  to  scatter  by  necessity  pressing  them,  or 
sink  under  their  burdens,  or  both ;  and,  therefore,  according 

^"-~to  the  divine  proverb,  that  '  a  wise  man  seeth  the  plague  when 
it  cometh,  and  hideth  himself,'  so  they,  like  skillful  and 
beaten  soldiers,  were  fearful  either  to  be  entrapped  or  sur- 
rounded by  their  enemies,  so  as  they  should  neither  be  able  to 
fight  nor  fly ;  and,  therefore,  thought  it  better  to  dislodge 
betimes  to  some  place  of  better  advantage  and  less  danger,  if 
any  could  be  found."  (3)  They  saw  that  their  children 
"  were  drawn  away  by  evil  examples  into  extravagant  and 
dangerous  courses,  getting  the  reins  on  their  necks,  and 
departing  from  their  parents.  Some  became  soldiers,  others 
took  them  upon  far  voyages  by  sea,  and  others  some  worse 
courses,  tending  to  dissoluteness  and  the  danger  of  their  souls, 
to  the  great  grief  of  their  parents  and  the  dishonor  of  God  ;  so 
that  they  saw  that  their  posterity  would  be  in  danger  to 
degenerate  and  be  corrupted."  (4)  "  Lastly  (and  which  was 
not  the  least),  a  great  hope  and  inward  zeal  they  had  of  laying 
some  good  foundation,  or  at  least  to  make  some  way  thereunto, 
for  the  propagating  and  advancing  of  the  Gospel  of  the  king- 
dom of  Christ  in  these  remote  parts  of  the  world ;  yea,  though 
they  should  be  put  as  stepping-stones  unto  others  for  perform- 
ing of  so  great  a  work."  To  these  reasons  may  be  added 
those  given  by  Edward  Winslow  in  his  Brief  Narrative.^ 
They  are :  (1)  the  desire  to  live  under  the  protection  of 
England  and  retain  the  language  and  name  of  Englishmen ; 

^  As  given  in  Baird's  Religion  in  America,  p.  99. 


103]  Introductory.  21 

(2)  their  inability  to  give  their  children  such  an  education  as 
they  had  themselves  received ;  (3)  their  grief  of  profanation 
of  the  Sabbath  in  Holland. 

It  is  thus  made  plain  why  the  Separatists  came  to  America. 
Their  objects  seem  to  have  been  largely  prudential.  AVhile 
this  is  true  we  must  not  forget  that  the  master  motive  in  all 
was  their  desire  to  set  up  their  ideal  "church,  to  worship  as 
their  consciences  dictated.  This  explains  their  leaving  their 
native  land.  In  Holland  they  enjoyed  religious  liberty  but 
their  temporal  prospects  discouraged  them.  They  had  to  seek 
a  new  home  where  they  might  have  liberty  and,  at  the  same 
time,  permanent  economic  prosperity.  Many  places  were  con- 
sidered but  America  was  decided  upon.  Though  under  Eng- 
lish dominion  the  Pilgrims  hoped  to  enjoy  to  some  degree 
their  peculiar  religious  worship.  They  even  tried  to  get  the 
Kiup-'s  consent  to  freedom  in  America.  Bradford  says :  ^ 
"And  some  of  the  chief  of  that  company  doubted  not  to  obtam 
their  suit  of  the  King  for  liberty  in  religion,  and  to  have  it 
confirmed  under  the  King's  broad  seal,  according  to  their 
desire.  But  it  proved  a  harder  piece  of  work  than  they  took 
it  for ;  for  though  many  means  were  used  to  bring  it  about, 
yet  it  could  not  be  effected ;  for  there  were  diverse  of  good 
worth  labored  with  the  King  to  obtain  it  (amongst  whom  was 
one  of  the  chief  secretaries),  and  some  others  wrought  with 
the  Archbishop  to  give  way  thereto  ;  but  it  proved  all  in  vain. 
Yet,  thus  far  they  prevailed  in  sounding  His  Majesty's  mind, 
that  he  would  connive  at  them  and  not  molest  them,  pro- 
vided they  carried  themselves  peaceably.  But  to  allow  or 
tolerate  them  by  his  public  authority,  under  his  seal,  they 
found  it  would  not  be."  The  Pilgrim  Fathers  did  not  have 
a  great  deal  of  confidence  in  this  assurance  of  the  King,  but 
so  great  was  their  desire  to  improve  their  condition  that  they 
were  willing  to  take  a  little  risk  in  religious  liberty.  They 
were  willing  even  to  take  the  oath  of  supremacy  if  it  were 

'  Bradford,  p.  29. 


22  Church  and  State  in  New  England.  [104 

required  of  them,  and  if  it  were  not  sufficient  to  take  the  oath 
of  allegiance.  We  have  seen  that  the  Separatists  had  differ- 
entiated the  church  and  state.  They  had  advocated  the  now 
accepted  ideas  of  the  relation  between  the  two.  The  Barrow 
and  Greenwood  prison  writings  show  that  they  held  that  no 
power  was  given  the  prince  to  control,  in  the  slightest  degree, 
the  religion  of  his  subject.  All  the  more  difficult  does  it 
become  to  explain  the  following  articles  which  were  drawn  up 
while  the  Pilgrims  were  negotiating  with  the  Virginia  com- 
pany. They  were  sent  to  enable  the  company  to  answer  any 
objection  to  their  plans  on  the  part  of  the  Crown  or  the  High 
Church  party. 

"(1).  To  the  confession  of  faith  published  in  the  name  of  the 
Church  of  England,  and  to  every  article  thereof,  we  do  with 
the  reformed  churches  where  we  live,  and  also  elsewhere, 
assent  wholly. 

"(2).  As  we  do  acknowledge  the  doctrine  of  faith  there 
taught,  so  do  we  the  fruits  and  effects  of  the  same  doctrine  to 
the  begetting  of  saving  faith  in  thousands  in  the  land  (con- 
formists and  reformists  as  they  are  called),  with  whom  also, 
as  with  our  brethren,  we  do  desire  to  keep  spiritual  commu- 
nion in  peace,  and  will  practice  in  our  parts  all  lawful 
things. 

"  (3).  The  King's  Majesty  we  acknowledge  for  supreme  gov- 
ernor in  his  dominion  in  all  causes  and  over  all  persons,  and 
that  none  may  decline  or  appeal  from  his  authority  or  judg- 
ment in  any  cause  whatsoever,  but  that  in  all  things  obedience 
is  due  unto  him,  either  active,  if  the  thing  commanded  be  not 
against  God's  word,  or  passive,  if  it  be,  except  pardon  can  be 
obtained. 

"  (4).  We  judge  it  lawful  for  His  Majesty  to  appoint  bishops, 
civil  overseers  or  officers  in  authority  under  him,  in  the  several 
provinces,  dioceses,  congregations  or  parishes,  to  oversee  the 
churches  and  govern  them  civilly  according  to  the  laws  of  the 
land,  unto  whom  they  are  in  all  things  to  give  account,  and 
by  them  to  be  ordered  according  to  godliness. 


105]  Introductcyry.  23 

"  (5).  The  authority  of  the  present  bishops  in  the  land  we  do 
^acknowledge,  so  far  forth  as  the  same  is  indeed  derived  from 
His  Majesty  unto  them  and  as  they  proceed  in  his  name,  whom 
we  will  also  therein  honor  in  all  things  and  him  in  them. 

"  (6).  We  believe  that  no  synod,  class,  convocation  or  assem- 
bly of  ecclesiastical  officers  has  any  power  or  authority  at  all, 
but  as  the  same  by  the  magistrate  given  unto  them. 

"(7).  Lastly,  we  desire  to  give  unto  all  superiors  due  honor, 
to  preserve  the  unity  of  the  spirit  with  all  that  fear  God,  to 
have  peace  with  all  men  what  in  us  lieth,  and  wherein  we 
are  to  be  instructed  by  any."  ^ 

Doyle  commenting  on  these  articles  says  :  "  On  the  surface 
they  look  like  an  unconditional  acceptance  of  what  by  antici- 
pation one  may  call  Erastianism.  They  seem  to  contain  a 
definite  acknowledgment  that  all  ecclesiastical  authority  must 
proceed  from  the  civil  power  and  be  responsible  to  it.  A 
<;areful  inspection,  however,  shows  that  the  more  important 
concessions  are  qualified  by  distinct,  though  cautiously 
expressed,  reservations.  In  the  first  article  the  acceptance 
of  the  confession  of  faith  published  by  the  Church  of  England 
is  limited  by  the  introduction  of  the  reformed  churches  of 
Holland  as  partners  in  that  acceptance.  So  the  promise  of 
obedience  to  the  King's  authority  is  modified  by  the  condition 
that  the  thing  commanded  be  not  against  God's  word,  a  condi- 
tion which  might  easily  be  so  interpreted  as  to  nullify  the 
general  admission.  Yet  even  if  we  presume  the  most  favora- 
ble interpretation  of  these  Articles,  the  fourth  contained  an 
admission  of  the  right  of  the  State  to  control  religion,  which 
seems  strangely  at  variance  with  the  recognized  doctrines  of 
the  Nonconformist.  In  truth,  we  must  look  on  these  seven 
Articles  not  so  much  as  an  exposition  of  faith  but  rather  as  I 
conditions  of  agreement."  ^ 


'  Quoted  in  Doyle's  Puritan  Colonies,  Vol.  I,  p.  37. 
'Doyle,  Puritan  Colonies,  Vol.  I,  Chap,  n,  p.  38. 


24  Church  and  State  in  New  England.  [106 

There  is  no  doubt  that  concessions  had  to  be  made,  and  with 
a  wide  expanse  of  ocean  between  them  and  the  High  Commis- 
sion Court,  the  Pilgrims  could  easily  consent  to  submit  their 
church  to  the  control  of  the  state.     Were  they,  by  doing  so, 
surrendering  any  of  their  fundamental  doctrines?     As  there 
were    differences  of  opinion  on  various    matters  among   the 
Brownists,  the  idea  suggests  itself  that  not  all  Separatists  were 
opposed  to  the  state's  control  over  the  church ;  further,  they 
believed  in  a  Congregational  but  not  in  a  National  church. 
I  The  principle  of  the  complete  separation  of  church  and  state 
i  may  have  been  recognized  but  as  one  of  their  fundamental 
principles    it  had  not   taken  hold    of  the    Pilgrims.     They 
thought  it  well  to  leave  the  state  to  control  civilly  only,  and 
to  permit  religious  toleration.     Should  there  be,  however,  any 
occasion  for  state  interference  in  ecclesiastical  affairs,  as  for  the 
proper  maintenance  of  ministers,  the  Pilgrim  Fathers  them- 
selves would  readily  consent  to  it  as  their  history  in  America 
will  show.     The  separation  of  church  and  state  was  a  new 
/principle,  and  though  asserted  by  the  Separatists  under  perse- 
cution in  England,  was  not  held  to  by  them  in  America. 
When  they  established  themselves  at  Plymouth  their  church 
had  no  direct  connection  with  the  state.     It  was  free,  depend- 
ent upon  the  state  for  nothing  but  protection.     Further,  their 
experience  with  the  Church  of  England  and  their  residence  in 
Holland  where  they  saw  religious  toleration,  taught  them  to 
pay  a  proper  respect  to  those  not  of  their  creed.     A  liberal, 
charitable  policy  toward  those  of  other  beliefs  always  prevailed 
at  Plymouth.     But  that  they  believed  that  it  belonged  to  the 
,| state  to  decide  as  to  what  religions  should  be  tolerated  is  evi- 
^  dent  from  the  resolution  offered  in  the  House  of  Delegates  in 
1645.     A  majority  was  in  favor  of  an  act  "to  allow  and 
maintain  full  and  free  toleration  to  all  men  that  would  pre- 
serve the  civil  peace  and  submit  unto  the  government;  and 
there    was    no   limitation   or   exception    against   Turk,  Jew, 
Papist,  Arian,  Socinian,  Nicolaitan,  Familist  or  any  other."  * 


^Bancroft's  History  of  the  United  States,  Vol.  I,  p.  214. 


107]  Introductory.  25 

Here  was  an  act  that  would  have  been  lasting  honor  to 
Plymouth,  but  the  governor  would  not  put  the  question  and 
so  "it  failed  to  become  a  law.  Xot  long  after  this,  more  direct 
legislation  concerning  the  church  was  thought  to  be  necessary, 
and  in  1650  it  was  forbidden  to  set  up  any  churches  or  public 
meetings  diverse  from  those  already  set  up,  without  the  con- 
sent and  approbation  of  the  government.  In  1651  a  penalty 
of  ten  shillings  was  imposed  for  neglect  of  church  attendance.^ 
At  first,  ministers  were  supported  by  voluntary  contributions, 
but  they  had  a  hard  time  of  it.  Some  of  them  had  to  leave 
their  cliurches  for  lack  of  support.  In  1655  a  law  was  passed 
that  no  pastor  should  leave  his  congregation  for  this  cause 
without  notifying  the  magistrates.-  The  latter  were  then  to 
use  gentle  means  to  bring  about  the  pastor's  support,  and  if 
they  failed,  they  should  use  other  means.  In  1657  the  union 
of  church  and  state  became  more  intimate;  public  worship 
was  maintained  and  taxes  were  levied  for  the  support  of 
ministers.     The  following  is  the  law  : 

"  Whereas,  the  General  Court  taking  into  their  serious  con- 
sideration the  great  defect  that  either  is  or  like  to  be  in  the 
several  townships  in  this  jurisdiction  for  want  of  an  able, 
godly,  teaching  ministry  and  the  great  prejudice  to  the  souls 
of  many  like  to  ensue ;  and  being  desirous  according  to  our 
duties  that  such  defect  should  not  be  for  want  of  due  encourage- 
ment to  such  as  either  are  or  shall  be  employed  in  so  good  a 
work  of  the  Lord  for  his  honor  and  the  good  of  souls  :  and  in 
consideration  that  inasmuch  as  the  several  townships  granted 
by  government  was  that  such  a  company  might  be  received  as 
should  maintain  the  public  worship  and  service  of  God  there, 
do  therefore  judge  that  the  whole,  both  church  and  town,  are 
mutually  engaged  to  support  the  same ;  and  therefore  order  and 
agree  that  in  whatsoever  township  there  is  or  shall  be  an  able 
godly  teaching  minister  which  is  approved  by  the  government, 

1  See  Records  of  Plymouth  Colony,  Vol.  XI,  p.  57. 
^Becwds,  Vol.  XI,  p.  64. 


26  Church  and  State  in  New  England.  [108 

that  then,  four  men  be  chosen  by  the  inhabitants  or,  in  case  of 
their  neglect,  chosen  by  any  three  or  more  of  the  magistrates 
to  make  an  equal  and  just  proportion  upon  the  estates  of  the 
inhabitants,  according  to  their  abilities  to  make  up  such  a  con- 
venient maintenance  for  his  comfortable  attendance  on  his 
work,  as  shall  be  agreed  upon  by  the  church  in  each  township 
where  any  is,  with  the  concurrence  of  the  rest  of  the  inhabi- 
tants, if  it  may  be  had,  or  by  the  magistrates  aforesaid, 
in  case  of  their  apparent  neglect  and  that  distress  according  as 
in  other  just  cases  provided,  be  made  upon  such  as  refuse  to 
pay  such  their  proportions  which  is  justice  due  :  but  in  case 
there  be  any  other  way  whereby  any  township  do  or  shall 
agree  that  may  effect  the  end  aforesaid,  this  law  not  to  be  bind- 
ing to  them,"  ^  The  records  of  the  Court  show  that  this  law 
was  enforced.  There  are  numerous  cases  of  delinquents  in 
ministerial  rates,  all  of  whom,  unless  excused  for  good  reason, 
were  compelled  to  pay.  Their  history,  therefore,  shows  that, 
whatever  may  have  been  the  views  of  Robert  Brown  and  his 
:  immediate  followers  as  to  the  relation  of  church  and  stale, 
those  views  had  not  been  sufficiently  inculcated  to  form  a  part 
of  the  Pilgrims'  creed.  "They  placed  the  church  under  the 
patronage  of  the  state  and  so  it  continued  for  many  years  in 
America. 

Before  the  Pilgrims  left  the  Ma^-ilower  they  organized  a 
"  civil  body  politic."  Their  form  of  government  was  demo- 
cratic. Every  freeman  had  a  voice  in  the  administration  of 
the  state.  By  a  majority  of  the  votes  the  Governor  and  his 
assistants  were  chosen.  These  constituted  the  Court.  The 
whole  body  of  freemen  was  the  legislative  assembly  ;  but  execu- 
tive and  judicial  business  was  also  transacted  by  this  body. 
/  The  second  colony  in  Massachusetts  was  settled  on  Massa- 
chusetts Bay  in  1629.  The  Puritans  in  England  began  to 
lose  hope  of  reforming  the  Church  of  England.  Many 
became  Xon-conformists  and  persecution  followed.     Their  eyes 

^Records,  Vol.  XI,  p.  67. 


109]  Introductm^y.  27 

were  now  turned  toward  the  colony  at  Plymouth.  The  fish- 
ing station  at  Cape  Ann  had  proved  a  failure.  Rev.  John 
White  conceived  the  idea  of  establishing  there  a  colony  of 
another  sort.  The  Separatists  had  found  a  home  in  the  new 
world,  could  not  Non-conformists  find  a  refuge  there,  too,  was 
asked  by  the  Puritan  minister.  Several  pamphlets  were  pub- 
lished, one  of  which,  "  General  Considerations  for  Planting 
New  England,"  is  credited  to  Mr.  White.  ^  In  this  pam- 
phlet the  author  argues  for  a  religious  colony  across  the  sea. 
The  economical  advantages  of  colonization  are  mentioned  but 
they  are  given  as  minor  rather  than  as  leading  points.  America 
mio-ht  furnish  a  home  for  Non-conformists  and  at  the  same 
time  a  field  for  the  propagation  of  the  Gospel.  These  were 
the  ideas  that  were  in  the  minds  of  the  six  Dorchester  gentle- 
men that  obtained  from  the  New  England  council  a  grailt  for 
all  the  territory  from  the  Merrimac  on  the  north  to  a  point 
three  miles  south  of  Charles  river.  "  These  gentlemen," 
says  Hubbard,^  "  were  brought  into  acquaintance  with  several 
other  religious  persons  of  like  quality,"  who  became  partners 
in  the  colony.  The  company,  in  order  to  secure  their  lands 
against  conflicting  claims,  obtained  from  the  King  a  confirma- 
tion of  their  o-rant.  A  roval  charter  was  obtained  and  in  1629 
the  company  became  a  body  politic  under  the  title  of  The  Gov- 
ernor and  Company  of  the  Massachusetts  Bay  in  New  Eng- 
land. The  administration  was  intrusted  to  a  governor,  a 
deputy  and  eighteen  assistants  who  were  annually  elected  by 
the  freemen  or  members  of  the  corporation.  The  Governor 
and  his  assistants  held  monthly  meetings.  Four  times  a  year 
they  met  together  with  all  the  freemen  in  one  great  General 
Court.  The  government  of  the  colony  rested  entirely  with 
this  court ;  it  could  make  any  laws  provided  they  were  not 
contrary  to  the  laws  of  England.  The  Governor,  his  deputy 
or  two  assistants  might  administer  the  oaths  of  allegiance  and 
supremacy  but  it  was  not  required  to  do  so. 

^  It  is  also  credited  to  Mr.  Wintbrop.  ^History  of  New  England. 


28  Church  and  State  in  New  England.  [110 

Before  the  royal  charter  had  been  obtained  John  Endicott 
was  sent  out  by  the  company  to  take  possession  of  the  land 
that  had  been  granted.  He  established  a  colony  at  Salem. 
In  the  following  year  another  company  of  Puritans  crossed 
the  Atlantic  to  join  their  brethren.  In  this  company  were  the 
two  ministers  Higginsou  and  Skelton  who  afterwards  became 
teacher  and  pastor  respectively  of  the  Salem  church. 
/     When  the  Puritans  came  to  Massachusetts  they  had  very 

/  little  sympathy  with  the  Separatists.  But  we  noticed  that  the 
Plymouth  colony,  in  taking  the  church  under  the  patronage  of 
the  state,  followed  the  European  custom — a  custom  from 
which   the  Puritans  did  not  care  to  deviate.     The  Puritans 

Vand  Separatists  were  thus  brought  closer  together.  The  first 
step  in  this  direction,  however,  was  taken  by  the  Salem  col- 
ony. Bradford  tells  us  that  before  the  main  body  of  Puritans 
arrived,  "  scurvy  and  other  infectious  fevers  had  spread  among 
the  people  at  Salem.  Mr.  Endicott  understanding  that  there 
was  one  at  Plymouth  that  had  skill  in  such  diseases  sent 
thither  for  him  ;  at  whose  request  he  was  sent  unto  them. 
And  afterwards  acquaintance  and  christian  love  and  corre- 
spondency came  on  betwixt  the  Governor  and  Endicott."  ^ 
This  physician,  a  Mr.  Fuller,  gave  Mr.  Endicott  good  advice 
concerning  the  religious  constitution  of  his  settlement.  The 
advice  was  not  unheeded.  Before  organizing  their  church 
they  consulted  "  with  their  brethren  at  Plymouth  what  steps 
to  take."  "And  the  Plymoutheans  to  their  great  satisfaction 
laid  before  them  what  warrant  they  judged  that  they  had  in 
the  laws  of  our  Lord  Jesus  Christ,  for  every  particular  in 
V  their  Church-order."  ^  The  democratic  system  at  Plymouth 
'  was  used  as  the  pattern  for  the  church  of  Salem.  Mr.  Pun- 
'chard,  however,  thinks  that  the  Salem  church  came  to  adopt 
'  the  Congregational  form  from  an  independent  study  of  the 
Bible.  ^   The   study  of  the  Bible  and   the  example  of  the 


^  Bradford,  p.  264.         ^  Cotton  Mather's  MagnaUa,  Bk.  I,  Chap,  iv,  Sec.  6. 
^History  of  Congregationalism,  Vol.  IV,  pp.  27-28. 


Ill]  Irdrodudory.  29 

Plymoutheans  may  fairly  be  said  to  have  made  the  Salem 
church  Congregational.  The  Governor  set  apart  the  20th  of 
July,  1629,  for  the  choice  of  a  pastor  and  teacher.  In  a  letter 
dated  Salem,  July  30,  1629,  Charles  Gott,  writing  to  the 
Plymouth  governor  gives  an  account  of  the  organization  of 
the  church.  He  says  :  "  So  ^Ir.  Skelton  was  chosen  pastor, 
and  Mr.  Higginson  to  be  teacher;  and  they  accepting  the 
choice,  Mr.  Higginson  with  three  or  four  of  the  gravest  mem- 
bers of  the  church  laid  their  hands  on  Mr.  Skelton,  using 
prayer  therewith.  This  being  done,  there  was  imposition  of 
hands  on  Mr.  Higginson  also.  And  since  that  time,  Thurs- 
day (being,  as  I  take  it,  the  6th  of  August),  is  appointed  for 
another  day  of  humiliation  for  the  choice  of  elders  and  dea- 
cons and  ordaining;  of  them."  ^  Xon-conformitv  in  England 
had  become  Separatism  in  America. 

In  the  colonies  at  Plymouth  and  Salem  we  have  the  eccle- 
siastical beginnings  of  Massachusetts.  In  both,  the  church  was 
Congregational.  At  Plymouth  not  only  the  church  but  the 
state  was  democratic.  At  Salem  the  government  under  Endi- 
cott  was  but  temporary ;  when  it  became  permanent  it  was 
established  on  a  democratic  basis.  At  Plymouth  the  church 
was  for  a  short  time  independent  of  the  state ;  in  the  other 
colony  the  church  and  state  were  from  the  beginning  inti- 
mately associated.  ^ 


1  Bradford,  p.  266. 


CHAPTER  II. 

The   Civil  and   Ecclesiastical   Beginnings  of  New 

England. 

The  colonies  at  Plymouth  and  Salem  laid  the  foundations 
of  the  commonwealth  of  Massachusetts.  The  Old  Colony, 
that  at  Plymouth,  grew  by  extending  itself  principally  toward 
the  north.  The  reason  for  this,  as  Bradford  tells  us,  was 
"  the  inflowing  of  many  people  into  the  country,  especially  into 
the  Bay  of  Massachusetts ;  by  which  means  corn  and  cattle 
rose  to  a  great  price,  by  which  many  were  much  enriched,  and 
commodities  grew  plentiful."  ^  Everybody  wanted  to  leave 
Plymouth  and  go  north  to  cultivate  large  farms  and  raise  cat- 
tle. There  seemed  to  be  a  fever  like  that  of  the  California 
gold  fever  in  1849.  Little  Plymouth  was  likely  to  be  de- 
/  serted  and,  in  fact,  it  "was  left  very  thin,  and  in  a  short  time 
almost  desolate."  ^  There  was  objection  to  this  scattering  of 
the  people  not  only  because  it  left  Plymouth  desolate  but 
because  the  church  was  likely  to  suffer.  Those  who  had  gone 
to  live  on  their  farms  and  ranches,  found  it  very  inconvenient 
to  attend  church  at  Plymouth,  and  soon  petitioned  the  govern- 
ment for  permission  to  organize  a  new  church.  This  permis- 
sion was  given  "though  very  unwillingly."^  This  was  the 
beginning  of  a  new  town  ;  in  1637  Duxbury  was  constituted 
a  township.*  The  old  colony  was  materially  weakened  by  the 
withdrawal  of  many  of  its  citizens.     Measures  were  at  once 

1  Bradford,  p.  302.  *  Bradford,  p.  306. 

3  Bradford,  p.  303.  *  Records,  Vol.  I,  p.  62. 

30 


113]    Cii-il  and  Ecclesiastical  Beginnings  of  New  England.    31 

taken  to  prevent  further  scattering  of  the  people.  In  order  to 
give  Plymouth  citizens  the  advantages  that  the  Duxbury 
people  enjoyed,  it  was  decided  to  allot  a  number  of  farms  at 
Green  Harbor,  on  condition  that  those  who  acccepted  them 
should  continue  their  residence  at  Plymouth.  The  farms  were 
to  be  cared  for  by  servants.  "  But  alas  !  this  remedy  proved 
worse  than  the  disease ;  for  within  a  few  years  those  that  had 
thus  got  footing  there  rent  themselves  away,  partly  by  force, 
and  partly  wearing  the  rest  with  importunity  and  pleas  of 
necessity,  so  as  they  must  either  suffer  them  to  go  or  live  in 
continual  opposition  and  contention."  ^  Thus  was  Plymouth 
deserted.  Its  citizens  were  continually  leaving  to  find  more 
commodious  habitations.  And  this,  Bradford  thought,  would 
be  the  ruin  of  New  England,  at  least,  of  the  churches  of  God 
there,  and  would  provoke  the  Lord's  displeasure  against  them. 
A  third  town  and  church  were  established  at  Scituate.  In 
spite  of  the  efforts  of  the  Governor  and  his  assistants  to  keep 
the  colonists  at  Plymouth,  they  kept  spreading  all  along  the 
coast  and  to  some  extent  inland.  The  mother  colony  could 
not  prevent  this  extension  and  she  began  to  have  fear  of  losing 
her  distinction  as  capital  of  the  colony.  Consequently,  the 
following  law  was  passed  in  1633  :  ''It  was  by  full  consent 
agreed  upon  and  enacted  that  the  Chief  Government  be  tied 
to  the  town  of  Plymouth,  and  that  the  Governor  for  the  time 
being,  be  tied  there  to  keep  his  residence  and  dwelling ;  and 
there  also  to  hold  such  court  as  concern  the  whole."  ^ 

By  the  year  1692  when  Plymouth  ceased  to  be  independent, 
there  were  under  the  government  seventeen  incorporated  towns 
and  three  plantations,  containing  13,000  inhabitants.     In  all  \ 
the  towns,  except  three,  the  Congregational  church  had  been   I 
established  and  provision  had  been  made  for  its  support. 

In  the  same  year  in  which  the  royal  charter  had  been 
granted  to  the  Puritans,  Mr.  Winthrop  and  nine  others 
assumed  the  stock  and  liabilities  of  the  company  in  considera- 


1  Bradford,  p.  303.  ''Records,  Vol.  I,  p.  16. 


r 


[ 


32  Church  and  State  in  New  England.  [114 

tion  of  certain  monopolies.  The  new  company  at  once  decided 
to  transfer  the  charter  and  the  entire  organization  based  upon 
it  to  America.  Puritan  emigration  became,  in  consequence, 
very  brisk  in  the  following  Spring  and  Summer.  The  first 
to  come  were  a  company  of  about  one  hundred  and  fifty, 
chiefly  from  Dorchester.  They  organized  themselves  into  a 
church   before   leaving   England,  by   choosing  a  pastor  and 

i  teacher  in  a  manner  like  that  of  the  Separatists.  John 
Maverick  was  elected  pastor,  and  John  Warham  teacher.  In 
America  they  settled  in  a  place  whicli  they  called  Dorchester 
after  their  English  home.  This  company  was  followed  by 
about  fifteen  hundred  Puritan  emigrants,  who  established 
themselves  at  Charlestown,  Watertown,  Poxbury  and  other 
places.  One  year  after  Wiuthrop's  arrival  there  were  eight 
separate  settlements  in  existence,  extending  along  the  coast  from 
Salem  to  Dorchester,  and  inland  as  far  as  Watertown.  By  1 640 
Puritan  enterprise  had  established  eighteen  plantations  and 
had  organized  twenty  Congregational  churches.  There  is  no 
doubt  that  extension  would  have  been  even  more  rapid  were  it 
not  "for  the  strong  desire  for  Congregational  unity  and  for 
religious  ministration,  which,  coupled  with  the  lack  of  clergy, 
kept  this  process  from  going  yet  further."  ^  Nevertheless, 
Puritans  from  the  Massachusetts  colony  began  to  fill  not  only 
Massachusetts  but  Connecticut,  New  Hampshire  and  Maine, 

I  and  also  Rhode  Island.  In  nearly  all  the  plantations  or  settle- 
ments of  townships,  a  church  was  set  up,  and,  in  fact,  around 

I  the  church  the  township  was  organized. 

/  In  considering  the  government  of  Massachusetts  in  relation 
to  the  church,  we  must  remember  that  until  1692  there  were 
two  separate  governments,  and  in  them  the  relations  of  church 
and  state  were  not  exactly  similar.  In  connection  with  the 
Articles  of  Agreement  submitted  to  the  Virginia  Company, 
the  history,  in  part,  of  the  Plymouth  colony  has  already  been 

\considered.     The  church  placed  first  upon  a  voluntary  basis, 

1  Doyle,  Vol.  I,  p.  103. 


115]    Civil  and  Ecclesiastical  Beginnings  of  New  England.    33 

was  taken  as  early  as  1657  under  the  patronage  of  the  state  / 
and  maintained  in  many  towns  by  a  tax  upon  the  people. 

From  the  beginning  church  and  state  were  intimately  '> 
associated  in  the  Massachusetts  Bay  colony.  In  1631  "to  the 
•end  that  the  body  of  the  commons  may  be  preserved  of  honest 
and  good  men,  it  was  (likewise)  ordered  and  agreed  that  for 
time  to  come  no  man  shall  be  admitted  to  the  freedom  of  this 
body  politic,  but  such  as  are  members  of  some  of  the  churches 
within  the  limits  of  the  same."  ^  "" 

The  General  Court  assumed  that  all  inhabitants,  whether  I 

citizens  or  not,  received  the  benefit  of  both  state  and  church, 
and  were  under  obligations  to  support  both.  In  1638  the 
court  declared  that  "  every  inhabitant  in  anv  town  is  liable  to 
contribute  to  all  charges,  both  in  church  and  commonwealth, 
whereof  he  doth  and  may  receive  benefit ;  and  withal  it  is  also 
ordered,  that  every  such  inhabitant  who  shall  not  voluntarily 
contribute  proportionately  to  his  ability,  with  other  freemen  of 
the  same  town,  to  all  common  charges,  as  well  for  upholding 
the  ordinances  in  the  churches  as  otherwise,  shall  be  compelled 
thereto  by  assessment  and  distress  to  be  levied  by  the  con- 
stable, or  other  officer  of  the  town."^  And  this  is  not  all; 
the  inhabitants  were  required  to  attend  upon  the  Lord's  day 
the    preaching    provided    for   them.     Absence    from    church 

rendered    the    offender    liable  to   a   fine  of  five   shillings  or j 

imprisonment.^ 

In  1644  there  was  passed  the  following  law  directed  against 
the  Baptists:  "  It  is  ordered  and  agreed  that  if  any  person  or 
persons  within  this  jurisdiction  shall  either  openly  condemn  or 
oppose  the  baptizing  of  infants,  or  go  about  secretly  to  seduce 
others  from  the  approbation  or  use  thereof,  or  shall  purposely 
depart  the  congregation  at  the  administration  of  the  ordinance, 

or  shall  deny and  shall  appear  to  the  Court  willfully 

and  obstinately  to  continue  therein  after  due  time  and  means 

^Records  of  Mass.,  Vol.  I,  p.  87. 

^Records,  Vol.  I,  p.  240.  ^Records,  Vol.  I,  p.  140. 

3 


34  Church  and  State  in  New  England.  [116 

of  conviction,  every  such  person  or  persons  shall  be  sentenced 
to  banishment.^ 

In  1648  the  General  Court  formally  approved  the  Cam- 
bridge Platform,  thereby  declaring  it  to  be  "the  duty  of  the 
magistrate  to  take  care  of  matters  of  religion,  and  to  improve 
his  civil  authority  for  the  observing  of  the  duties  commanded 
in  the  first  as  well  as  in  the  second  table."  This  part  of  the 
Platform  was  retained  in  the  "Confession  of  Faith  owned  and 
consented  to  by  the  elders  and  messengers  of  the  churches 
assembled  at  Boston  in  New  England  May  12,  1G80."^ 
r^  k.  Every  town  had  to  be  supplied  with  a  minister,  and  make 
^'  yM provision  for  his  support.  The  law  of  1654  says  :  Forasmuch 
~^s  it  highly  tends  to  the  advancement  of  the  Gospel  that  the 
ministry  thereof  be  comfortably  maintained,  and  it  being  the 
duty  of  the  civil  power  to  use  all  lawful  means  for  the  attain- 
ing of  that  end,  and  that  henceforth  there  may  be  established 
a  settled  and  encouraging  maintenance  of  ministers  in  all 
towns  and  congregations  within  this  jurisdiction,  this  court 
doth  order  that  the  County  Court  in  every  shire  shall  (upon 
information  given  them  of  any  defect  of  any  congregation  or 
township  within  the  shire)  order  and  appoint  what  maintenanre 
shall  be  allowed  to  the  ministers  of  that  place,  and  shall  issue 
out  warrants  to  the  select  men  to  assess,  and  the  constable  of 
the  said  town  to  collect  the  same,  and  distrain  the  said  assess- 
ment upon  such  as  shall  refuse  to  pay  ;  and  it  is  hereby  declared 
to  be  our  intentions  that  an  honorable  allowance  be  made  to 
the  ministry  respecting  the  ability  of  the  (inhabitants),  and  if  the 
towns  shall  find  themselves  burdened  by  the  assessment  of  the 
County  Court,  they  may  complain  to  this  court,  which  shall  at 
all  times  be  ready  to  give  just  relief  to  all  men.^ 

In    1658-9  the    Massachusetts  law  against  Quakers  was 
severe.     Thev  were  banished  from  the  colonv  and  if  found 


^Records,  Vol.  II,  p.  85. 

*  Cotton  Mather's  MacjnaHa,  Vol.  II,  Bk.  V,  Chap,  xvii  of  Confession. 

'Records  of  3fass.,  Vol.  Ill,  p.  354. 


117]    Civil  and  Ecdesiastical  Beginnings  of  New  England.    35 

within  its  jurisdiction  after  once  exiled,  they  were  to  be  put  to 
death.^  It  is  not  necessary  to  state  all  the  laws  touching  the 
church,  made  by  Massachusetts  in  her  early  history.  Those 
that  have  been  quoted  plainly  show  what  the  relations  of 
church  and  state  were.  And  it  is  to  be  remembered  that  not 
Plymouth  but  the  stronger  Puritan  colony  dominated  after 
the  union  of  1691.  Plymouth  had  set  the  example  for  the^- 
ecclesiastical  organization,  but,  politically,  the  Puritans  of  | 
Massachusetts  Bay  took  the  lead.  And  not  only  in  Massachu- 
setts did  Puritan  principles,  laws  and  usages  prevail,  but 
throughout  the  greater  part  of  New  England.  Under  the 
Charter  of  1691  every  law  had  to  have  the  consent  of  the 
Governor,  and  then  it  could  be  disallowed  by  the  King  in 
Council.  "  William  intended  by  this,"  says  Isaac  Backus, 
''to  prevent  their  making  any  more  persecuting  laws,  and  it 
had  that  effect  fifty  years  after  when  Connecticut  imprisoned 
men  for  preaching  the  Gospel,  but  Massachusetts  could  not  do 
so."^  It  is  true  that  laws  were  more  liberal  after  than  before 
1691. 

In  regard  to  religious  liberty  the  Charter  said:  "And  for  v 
the  greater  ease  Tnd  etreiyGfrageiuent  of  our  loving  subjects 
inhabiting  our  said  province  or  territory  of  the  Massachusetts 
Bay,  and  of  such  as  shall  come  to  inhabit  there,  we  do  by  these 
presents,  for  us,  our  heirs  and  successors,  grant,  establish  and 
ordain,  that  forever  hereafter  there  shall  be  a  liberty  of  con- 
science allowed  in  the  worship  of  God  to  all  Christians 
(except  papists),  inhabiting  or  which  shall  inhabit  or  be  resi- 
dent within  our  said  province  or  territory."  However,  at  the 
first  meeting  of  the  General  Court  under  the  Charter  a  law 
was  made  compelling  every  town  to  "  take  due  care,  from 
time  to  time,  to  be  constantly  provided  of  an  able,  orthodox, 
learned  minister  or  ministers  of  good  conversation,  to  dispense 
the  Word  of  God  to  them  ;  which  minister  or  ministers  shall 


1  Records,  Vol.  IV,  Part  I,  pp.  349,  367. 

*  Church  History  of  New  England,  p.  126,  Edition  of  1839. 


36  Church  and  State  in  Neic  England.  [118 

be  suitably  encouraged  and  sufficiently  supported  and  main- 
tained by  the  inhabitants  of  such  towns."  ^  The  courts  were 
empowered  to  punish  every  town  that  neglected  to  make  such 
provision.  The  selection  of  the  minister  was  left  to  the  voters 
of  the  town.  Such  was  the  attitude  of  Massachusetts  towards 
the  church.  The  church  established  by  law  had  much  to 
contend  with  in  the  less  favored  opposing  sects.  Not  until 
after  two  centuries  of  struggle,  was  the  State  brought  to  adopt 
the  policy  of  religious  freedom. 

Long  before  the  Pilgrims  had  reached  Plymouth  a  little 
colony  had  been  planted  on  the  shores  of  Maine.  As  early 
as  1607  George  Popham  and  Raleigh  Gilbert  conducted 
a  company  of  pioneers  across  the  Atlantic  and  estab- 
lished a  colony  at  Sagadahoc.  They  landed  at  first  on  an 
island.  On  the  Sunday  following  their  arrival,  religious 
services  were  held  and  their  minister,  Mr.  Seymour,  delivered 
a  sermon.  Ten  days  later,  after  having  decided  upon  Saga- 
dahoc as  their  permanent  station,  they  again  listened  to  a  ser- 
mon by  their  pastor.  These  religious  services  were  doubtless 
held  according  to  the  rites  and  ritual  of  the  Church  of  Eug- 
land.2  At  Sagadahoc  they  intended  to  plant  a  great  state. 
An  aristocratic  form  of  government  was  organized,  and  ordi- 
nances and  statutes  were  agreed  upon  and  made  public.  The 
state,  if  it  may  be  called  such,  endured  but  a  year.  The  hard- 
ships of  a  New  England  winter  in  an  unbroken  wilderness  were 
more  than  the  colonists  could  bear.  In  the  following  year 
they  returned  to  England  to  report  that  New  England  was  a 
cold,  barren  country  not  inhabitable  by  the  English  nation. 

The  early  history  of  Maine  is  unlike  that  of  the  rest  of 
New  England.  We  are  reminded  of  the  southern  colonies. 
Proprietors,  whose  aims  are  to  build  great  states,  to  win 
wealth  and  renown,  hire  their  colonists,  send  them  out  and 


1  Acts  and  Resolves  of  Province  of  Massachusetts  Bay,  Vol.  I,  p.  62. 
*  The  Early  History  of  the  Protestant  Episcopal  Church  in  Mai-ne,  Maine 
Historical  Collections,  Vol.  VI,  p.  176. 


119]     Civil  and  Ecclesiastical  Beginnings  of  New  England.    37 

await  the  returns.  It  is  interesting  to  read  what  was  contem- 
plated in  the  charter  granted  to  Gorges  in  1639.  The  Lord 
Proprietor  was  to  be  sovereign,  authorized  in  concurrence  with 
the  free-holders  to  make  all  laws.  He  was  to  appoint  all 
officers,  executive,  military  and  ministerial.  He  could  divide 
his  province  into  cities,  counties,  towns,  parishes  and  hun- 
dreds, and  appropriate  lands  for  public  uses.  "  His  proprie- 
torship," says  Williamson,  "  was  little  less  than  an  absolute 
sovereignty  ;  he  being  merely  subordinate  to  the  Crown  and  to 
the  Lords  Commissioners  of  Foreign  Plantation,  as  a  subject  of 
the  realm."  ^  It  was  incumbent  upon  him,  however,  to  adopt 
the  articles  of  faith,  and  forms  of  ecclesiastical  government  of 
the  Church  of  England,  and  to  dedicate  all  churches  in  accord- 
ance with  its  ritual.  How  diflferent  has  been  the  history  of 
Maine  from  what  it  was  designed  to  be  !  v 

The  Pilgrims  came  to  Plymouth  that  they  might  worship 
God  in  the  simple  ways  of  the  early  church.  The  Puritans 
had  left  England  to  escape  conformity.  Religion  was  the 
prevailing  motive  in  the  settlement  .of  Massachusetts.  The 
early  settlers  of  Maine  had  in  view  the  fisheries,  the  fur  trade 
and  other  means  of  profit.  They  found  no  fault  with  the 
Church  of  England.  They  were  pleased  to  have  its  ministers 
among  them,  and  hoped  to  establish  that  church  upon  this 
continent.  As  Massachusetts  was  Congregational  so  Maine 
was  Episcopal.  So  unlike  itself  was  the  colony  or  colonies 
with  which  Massachusetts  came  into  contact  in  the  first  half 
century  of  its  history.  The  southern  colony  was  the  stronger 
in  character  and  in  numbers.  It  absorbed  its  northern  neigh- 
bor and  from  1692,  at  least,  if  not  from  an  earlier  time,  the 
dominating  element  in  the  history  of  Maine  is  Puritan.  The 
Church  of  England  may  have  occupied  the  territory  first,  it 
may  have  claimed  privileges  under  the  Gorges  charter,  but  in 
spite  of  all,  the  Puritans  entered  the  field  and  Old  England 


^  Williamson,  History  of  Maine,  Vol.  I,  p.  275. 


38  Church  and  State  in  New  England.  [120 

Episcopacy  was  compelled  to  yield  to  New  England   Con- 
gregationalism. 

Numerous  attempts  had  been  made  in  Maine  to  establish  a 
strong  government  but  all  of  them  had  failed.  There  were  at 
one  time  four  distinct  governments,  but  not  one  of  them  strong 
enough  to  maintain  its  existence.  Massachusetts  had  been 
watching  with  a  jealous  eye  these  establishments,  and  she  put 
forth  her  claims  to  jurisdiction  over  part  of  the  Maine  terri- 
tory as  soon  as  an  opportunity  was  offered.  In  1651  she  had 
her  charter  examined  and  it  was  so  interpreted  as  to  put  the 
land  that  she  wanted  under  her  dominion.  Jurisdiction  over 
the  whole  territory  now  called  Maine,  was  not  demanded  at 
once.  Claim  was  first  laid  to  the  western  section,  that  border- 
ing on  New  Hampshire.  The  General  Court  at  Boston  took 
up  the  matter  and  commissioners  were  appointed  to  acquaint 
the  Maine  people  with  the  grounds  and  reasons  of  their  claim. 
There  was  some  opposition  to  it,  but  after  negotiations,  terms 
of  submission  were  agreed  upon.  These  are  interesting  as 
showing  on  what  conditions  Puritan  Massachusetts  was  will- 
ing to  incorporate  Episcopal  Maine.  The  towns  of  Kittery 
and  Agmenticus  were  the  first  to  submit.  The  territory  was 
organized  as  the  County  of  Yorkshire.  The  towns  were  to 
have  a  standing  like  that  of  Massachusetts  towns,  with  repre- 
sentation in  the  General  Court.  The  inhabitants  took  the 
oath  of  freemen  ;  they  were  entitled  to  vote  and  also  became 
eligible  to  any  office  in  the  government.  The  Agmenticus 
and  Kittery  citizens  were  thus  specially  favored  ;  for  they 
enjoyed  privileges  granted  only  to  church  members  in  Massa- 
chusetts. The  towns  of  Wells,  Saco  and  Cape  Porpoise  sub- 
mitted to  Massachusetts  in  1652  and  M'ere  received  on 
conditions  similar  to  those  of  Agmenticus  and  Kittery.  The 
General  Court,  however,  required  each  town  to  provide  means 
for  supporting  a  pious  minister ;  for  a  short  time  after  this  por- 
tion of  Maine  had  been  organized  as  the  County  of  Yorkshire, 
the  General  Court  passed  the  law  of  1654.' 

^Records  of  Massachusetts,  Vol.  Ill,  p.  354. 


1 21]    Civil  and  Ecclesiastical  Beginnings  of  New  England.    39 

Massachusetts  had  begun  to  assert  her  jurisdiction  over 
Maine,  and  other  towns  gradually  submitted.  In  1657-8 
Scarborough  and  Falmouth  were  admitted  and  became  a  part 
of  Yorkshire.  In  1664  Massachusetts  was  ordered  to  give  up 
Maine  in  favor  of  the  Gorges  heirs.  Following  this,  came 
the  royal  commissioners  who  erected  Maine  into  a  government 
of  its  own.  In  1668  Massachusetts  resumed  the  government 
of  her  Maine  territory  and  a  few  years  later  extended  her 
jurisdiction  to  Penobscot  Bay.  In  1674  the  General  Court 
ordered  the  organization  of  the  County  of  Devonshire.  In 
1677  Massachusetts  extended  her  control  of  Maine  by  the 
purchase  from  the  Gorges  heirs  of  the  Province  of  Maine. 
She  assumed  the  Gorges  Charter  of  1639,  and  aimed  to 
organize  a  government  over  the  Province  in  accordance  with 
the  provisions  of  the  Charter.  Thomas  Danforth  was  appointed 
president.  He  was  assisted  by  a  Provincial  Council  of  eight 
members.  The  religion  of  the  Church  of  England  was  con- 
templated by  the  Charter,  and  this  Massachusetts  was  bound 
to  adopt  in  the  province.  Williamson  says  that  the  Charter 
of  Gorges  was  "  neither  silent  nor  definite  upon  the  subject  of 
religion,  in  its  letter  only,  paying  special  deference  to  the 
Episcopal  Communion ;  howev^er,  the  Province  Pulers  were 
actuated  by  the  orthodox  principle  prevalent  in  Massachu- 
setts." In  proof  of  this  Mr.  Williamson  cites  an  instance  of 
persecution  of  Baptists.  All  who  had  attended  the  Baptist 
meeting  were  summoned  before  the  Council  and  "threatened 
with  a  fine  of  five  shillings  if  they  presumed  again  to  offend 
in  this  way.''  Their  leader,  a  Mr.  Screven,  was  fined  ten 
pounds  for  his  past  offense,  and  ordered  to  cease  holding 
religious  exercises  especially  on  the  Sabbath.  He  refused  to 
submit  to  this  order ;  the  court  therefore  passed  sentence  upon 
him  ;  "  that  he  in  future  forbear  from  his  turbulent  and  con- 
tentious practices ;  give  bond  for  good  behavior ;  and  stand 
committed  till  the  judgement  of  court  be  complied  with."^ 

^  Williamson,  Vol.  I,  p.  570. 


40  Church  and  State  in  Neiv  England.  [122 

Maine  did  not  long  continue  to  be  governed  in  this  way 
by  Massachusetts.  In  1684  the  Massachusetts  Charter  was 
declared  forfeited,  which  separated  the  two  colonies.  During 
the  period  of  revolution  in  England  the  Government  of 
Maine  was  weak  and  disordered.  In  1691  Massachusetts 
attempted  to  resume  its  old  government,  and  Mr.  Danforth 
was  again  elected  President  of  Maine.  A  few  months  later  the 
Charter  of  William  and  Mary  was  granted,  and  Maine  became 
an  integral  part  of  Massachusetts  and  continued  so  for  nearly 
one  hundred  and  thirty  years.  In  accordance  with  this 
Charter  the  province  of  Maine  was  entitled  to  three  members 
in  the  Council  or  upper  house,  and  Sagadahoc  to  one.  For 
the  lower  house,  representatives  were  elected  by  the  corporate 
towns.  In  the  first  assembly  there  were  eight  representatives 
from  Maine. 

Maine,  as  a  part  of  Massachusetts,  was  governed  by  its 
Puritan  laws  until  1820.  The  Congregational  church  was 
established  and  its  ministers  chosen  by  the  church  in  concur- 
rence with  the  voters  of  the  town.  Not  unfrequently  ministers 
of  other  denominations,  particularly  Presbyterians,  were  chosen. 
But  Congregationalism  had  spread  through  New  England  and 
the  members  of  that  church  soon  controlled  the  majority  of 
votes  and,  in  consequence,  when  ministers  were  to  be  chosen, 
they  were  selected  from  the  Congregationalists. 

The  motives  that  prevailed  in  the  colonization  of  New 
Hampshire  were  economical  rather  than  religious.  Piscataqua 
was  settled  under  the  auspices  of  a  company  of  Plymouth 
merchants ;  Dover  by  London  merchants,  Exeter  by  the 
heretic  Wheelwright  and  his  associates ;  Hampton  by  the 
Puritans,  as  an  assertion  of  their  claims  to  land  in  the  Mason 
grant.  The  three  former  continued  as  independent  govern- 
ments for  several  years ;  but,  at  length,  feeling  the  incon- 
veniences of  weak  governments,  sought  the  protection  of 
Massachusetts;  Dover  and  Piscataqua  in  1641,  Exeter  in 
1643.  They  were  then  governed  by  the  laws  of  Massachu- 
setts and,  when  they  were  incorporated,  the  inhabitants  received 


1 23]    Civil  and  Ecclesiostical  Beginnings  of  New  England .    41 

citizenship  without  regard  to  their  connection  with  any  church. 
During  the  remainder  of  the  seventeenth  century  few  settle- 
ments were  made  in  New  Hampshire,  owing  largely  to  the 
numerous  conflicting  claims  to  the  land.     No  title  was  secure. 

It  was  not  until  the  second  quarter  of  the  eighteenth  cen- 
tury that  the  colonization  of  New  Hampshire  can  be  said  to 
have  begun.  The  Mason  claims  were  purchased  by  a  com- 
pany who  promised  not  to  insist  strenuously  upon  the  old 
claims.  Towns  were  now  laid  out  and,  as  in  Massachusetts, 
provision  was  at  once  made  for  the  support  of  the  gospel.  It 
was  required  of  the  grantees  of  Andover  "  that  a  meeting- 
house should  be  built  within  eight  years  after  the  grant  and 
preaching  of  the  gospel  constantly  maintained."^  Provision 
for  religion  was  commonly  made  in  New  Hampshire  towns. 
Many  towns  were  without  ministers  for  years  at  a  time,  but 
the  fault  was  the  scarcity  of  ministers  and  not  that  the  state 
had  made  no  provision  for  their  support.  Massachusetts  laws 
governed  in  this  as  they  did  in  other  matters  in  New  Hamp- 
shire. 

New  Hampshire  cannot  be  said  to  have  had  any  laws  of  her 
own  before  1691.  Doubtless  the  law  of  England  was  taken 
as  the  law  for  the  government  of  the  colonists  during  the 
early  period.  From  1641  to  1680  the  law  of  Massachusetts 
governed  the  people.  In  1679  New  Hampshire  was  made  a 
separate  province  by  a  proclamation  from  the  Crown,  and  in 
the  following  year  the  first  New  Hampshire  legislature  was 
organized.  The  laws  made  by  this  legislature,  however,  were 
never  enforced  because  they  failed  to  receive  the  royal  appro- 
bation ;  nor  were  they  ever  printed.  Two  years  later  other  laws 
were  enacted  but  these  met  with  the  same  fate.  In  an  article 
on  New  Hampshire  Laws  preserved  in  the  New  Hampshire  His- 
torical Collections  a  writer  says  :  "  The  loss  of  these  statutes  is 
hardly  to  be  regretted.  Where  they  were  copied  from  Massa- 
chusetts we  have  the  original  and  where  they  diifered,  they 

^iVew  Hampshire  Historical  Collections,  Vol.  I,  p.  17.  (Farmer  and  Moore.) 


42  Church  and  State  in  New  England.  [124 

were  a  dead  letter."  *  During  the  sway  of  Craufield,  Andros 
and  the  royal  governors,  religious  liberty  was  pretended  and  the 
religion  of  the  Church  of  England  encouraged.  In  1690  an 
assembly  was  called  at  Portsmouth  and  voted  to  re-annex  New 
Hampshire  to  Massachusetts.  This  union  was  of  short 
duration ;  it  was  dissolved  by  the  charter  of  1691  and  New 
Hampshire  again  became  an  independent  province.  In 
1719  a  compilation  of  the  laws  was  published.  Another  edi- 
tion was  published  in  1726.  From  a  reprint  of  this  edition 
is  quoted  the  following  laws  concerning  the  church,  passed  in 
1714:  "Be  it  enacted  by  His  Excellency,  the  Governor, 
Council  and  Representatives  convened  in  General  Assembly, 
and  by  the  authority  of  the  same,  That  it  shall  be  lawful  for 
the  freeholders  of  every  respective  town  within  this  Province 
convened  in  public  town  meeting,  as  often  as  they  shall  see 
occasion  to  make  choice  of,  and  by  themselves,  or  any  other 
person  or  persons  by  them  appointed,  to  agree  with  a  Minis- 
ter or  Ministers  for  the  supply  of  such  town,  and  what  annual 
salary  shall  be  allowed  to  him  or  them ;  and  the  Minister  or 
Ministers  so  made  choice  of  and  ao-reed  with  shall  be  ac- 
counted  the  settled  Minister  or  Ministers  of  such  town  ;  and 
the  Selectmen,  for  the  time  being,  shall  make  rates  assess- 
ments upon  the  inhabitants  of  the  town  for  the  payment  of 
the  Minister's  salary,  as  aforesaid,  in  such  manner  and  form 
as  they  do  for  defraying  of  other  town  charges,  which  rates  by 
warrant  from  a  Justice  of  the  Peace,  with  the  selectmen,  or 
major  part  of  them,  directed  to  the  constable  or  constables  of 
the  town,  shall  be  by  him  or  them  collected  and  paid  according 
to  the  direction  of  the  Selectmen,  for  the  end  aforesaid  : 

"Provided  always^  That  this  Act  do  not  at  all  interfere  with 
Her  Majesty's  grace  and  favor  in  allowing  her  subjects  liberty 
of  conscience ;  nor  shall  any  person  under  pretence  of  being  of 
a  different  persuasion  be  excused  from  paying  towards  the 
support  of  the  settled  minister  or  ministers  of  such  town  afore- 

'  Farmer  and  Moore's  Colleclions,  Vol.  Ill,  p.  203. 


125]    Civil  and  Ecclesiastical  Beginnings  of  New  England.    43 

said ;  but  only  such  as  are  conscientiously  so  and  constantly 
attend  the  public  worship  of  God  on  the  Lord's  Day  according 
to  their  own  persuasion,  and  they  only  shall  be  excused  from 
paying  towards  the  support  of  the  ministry  of  the  town." 
This  law  remained  unchanged  in  the  edition  of  the  laws  pub- 
lished in  1761.  It  shows  clearly  the  standing  of  the  church 
with  reference  to  the  state. 

The  Puritans  and  Pilgrims  had  not  been  long  established 
in  Massachusetts  before  they  were  attracted  by  the  beauty  and 
fertility  of  the  Connecticut  Valley.  As  early  as  1633  the 
enterprising  colonists  of  Plymouth  had  established  a  trading- 
house  at  Windsor.  Two  years  later  the  younger  Winthrop 
came  with  a  commission  from  the  proprietors  of  the  Connec- 
ticut territory  and  established  a  fort  at  the  mouth  of  the 
Connecticut,  which  he  called  Say  brook.  The  more  important 
settlements,  however,  were  those  begun  in  1635  at  Windsor, 
Hartford  and  Wethersfield  under  the  inspiration  of  Hooker, 
Stone  and  Haynes.  The  main  body  of  these  settlers  came 
from  Roxbury,  Watertown,  Dorchester  and  Cambridge,  in 
Massachusetts,  and  reached  Connecticut  in  the  Spring  of  1636. 
The  general  affairs  of  the  new  colony  were  guided  for  the  first 
year  by  Commissioners  appointed  by  the  General  Court  of 
Massachusetts.  At  the  expiration  of  that  time,  the  colonists 
organized  the  General  Court  of  Connecticut  and  in  1639 
adopted  a  constitution.  An  oath  of  allegiance  to  the  state 
was  the  only  qualification  of  citizenship.  Various  religious 
opinions  were  tolerated. 

About  the  same  time  another  Puritan  colony  established 
itself  in  Connecticut,  at  New  Haven.  It  was  under  the  guid- 
ance of  John  Davenport  and  Theodore  Eaton.  In  April  1638 
they  organized  temporarily  under  the  "  plantation  covenant." 
In  1639,  when  they  were  ready  to  organize  their  government, 
Mr.  Davenport  preached  a  sermon  from  the  text  "Wisdom 
hath  builded  her  house,  she  hath  hewn  oiit  her  seven  pillars," 
showing  the  propriety  of  appointing  a  government  of  seven 
men.     The  church  was  first  organized.     Twelve  electors  were 


44 


Church  and  State  in  Neic  England.  [126 


chosen  to  appoint  the  "seven  men  who,  as  pillars,  were  to 
begin  the  new  church."  The  seven  then  associated  with  them- 
selves in  church  membership  nine  others,  and  these  sixteen 
constituted  the  freemen  of  the  little  independent  state.  They 
resolved  "  that  the  Word  of  God  should  be  the  only  rule  to 
be  attended  unto  in  ordering  the  affairs  of  government."  ^  The 
church  members  formed  their  civil  government  and  elected  its 
officers.  Seven  were  chosen,  a  governor,  four  deputies,  a  secre- 
tary, and  a  sheriff.  "New  Haven,"  says  Bancroft,  "made 
the  Bible  its  statute-book  and  the  elect  its  freemen.  As 
neighboring  towns  were  planted  each  constituted  itself  a  house 
of  wisdom,  resting  on  its  seven  pillars,  and  aspiring  to  be 
illumined  by  the  eternal  light."  ^  However,  as  the  plantation 
grew  larger  and  new  settlements  were  made,  the  system  of 
government  changed  and  assumed  a  form  like  that  of  the  Con- 
necticut or  Massachusetts  Bay  colony. 

The  little  military  station  at  Say  brook  was  in  1644  sold  to 
Connecticut.  New  Haven  and  Connecticut  continued  inde- 
pendent of  each  other  until  1662  when  they  were  united  by  a 
royal  charter. 

It  is  easy  to  anticipate  what  would  be  the  policy  of  Puritan 
Connecticut  with  reference  to  the  church.  The  one  colony, 
Connecticut,  had  come  out  of  Massachusetts  and  it  aimed  to 
follow  the  mother  colony  in  its  principal  features.  The  other, 
New  Haven,  made  church  and  state  identical,  resolving  in  all 
things  to  be  governed  by  the  Word  of  God. 

In  1644  the  Commissioners  of  the  United  Colonies  recom- 
mended that  each  man  "  be  voluntarily  set  down  what  he  is 
willing  to  allow  "  for  the  support  of  the  Gospel ;  and  if  any 
refuse  to  pay  a  meet  proportion,  he  should  be  compelled  to 
pay.  The  Connecticut  colony  voted  that  the  recommendation 
shall  "stand  as  an  order  for  this  jurisdiction,  to  be  executed 


1  Quoted  in  Palfrey's  History  of  Neiv  England,  Vol.  I,  p.  228. 
*  Bancroft,  Vol.  I,  p.  272. 


1 27]     Civil  and  Ecclesiastical  Beginnings  of  New  England.    45 

accordingly  where  there  shall  be  cause."  ^  This  remained 
the  law  long  after  the  union  of  the  Connecticut  colonies. 
The  Charter  of  1662  was  silent  as  to  religious  rights  or 
privileges. 

In  1669  the  Congregational  church  was  formally  approved. 
The  public  records  of  this  year  say:  This  Court  having 
seriouslv  considered  the  great  divisions  that  rise  amongst  us 
about  matters  of  church  government,  do  declare  that  whereas 
the  Congregational  churches  in  these  parts  for  the  general 
of  the  profession  and  practice  have  hitherto  been  approved,  we 
can  do  no  less  than  still  approve  and  countenance  the  same  to 
be  without  disturbance  until  better  light  in  an  orderly  way 
doth  appear. 

To  the  inquiries  of  the  Committee  for  Trade  and  Planta- 
tions the  Colony  in  1680,  among  other  things,  replied: 

"  Our  people  in  this  Colony  are,  some  strict  Congregational 
men,  others  more  large  Congregational  men,  and  some  moderate 
Presbyterians  ;  and  take  the  Congregational  men  of  both  sorts, 
they  are  the  greatest  part  of  people  in  the  Colony. 

"  There  are  four  or  five  Seven-day  men  in  our  Colony,  and 
about  so  many  more  Quakers. 

"  Great  care  is  taken  for  the  instruction  of  the  people  in 
the  Christian  religion,  by  ministers'  catechizing  of  them," 
etc.,  "and  by  masters  of  families  instructing  and  catechiz- 
ing their  children  and  servants,  being  so  required  to  do  by 

law." 

"  In  our  Corporation  are  twenty-six  towns,  and  there  are 
one  and  twenty  churches  in  them. 

"  There  is  in  every  town  in  our  Colony  a  settled  minister, 
except  it  be  in  two  towns  new  begun,  and  they  are  seeking 
out  for  ministers  to  settle  amongst  them. 

"  For  the  maintenance  of  the  ministers,  it  is  raised  upon  the 
people  by  way  of  rate,  and  it  is  in  some  places  £100,  etc."  - 


1  Colonial  Records  of  Connecticut,  Vol.  I,  pp.  111-112. 
^Records,  Vol.  Ill,  pp.  299-300,  1678-1689. 


46  Church  and  State  in  New  England.  [128 

In  1717  an  act  "of  the  better  ordering  and  regulating  par- 
ishes or  societies,  and  for  their  supporting  the  ministry  and 
schools,"  provided  for  the  election  of  the  town  minister  by  a 
majority  of  the  voters  and  empowered  the  town  to  levy  taxes 
for  his  support,^ 

When  we  consider  the  history  of  Rhode  Island  we  cannot 
fail  to  notice  to  what  extent  it  reflects  the  early  history  of  the 
rest  of  New  England,  particularly  of  Massachusetts.  ,  Dissat- 
I   isfaction  with  the  Church  of  England,  Non-conformity  planted 
1   Massachusetts,     Dissatisfaction  with  the  Church  of  Massachu- 
\  jetts  and,  we  may  add,  Non-conformity  planted  Rhode  Island. 
/     In   1631  Roger  Williams  landed  in  Massachusetts.     His 
ideas  and  theories  of    church  and  state  were  not  at  all  in 
accord  with  those  of  the  Puritans.     He  insisted  upon  absolute 
separation  of  the  civil  and  ecclesiastical  organizations.     With 
the  Puritan  the  two  were  most  intimately  associated.     There 
were  other  diiFerences  of  opinion  between  him  and  the  colo- 
nists.    He  considered  it  a  sin  worthy  of  repentance  ever  to 
have  been   in  communion  with  the  Church  of  England.     He 
disputed  the  right  of  the  King  to  give  a  patent  of  American 
territory  before  it  had  been  purchased  from  the  natives.     A 
^  conflict  with  the  Massachusetts  government  was  inevitable. 
Williams  served  as  pastor  of  the  Salem  church  for  a  short 
time  in  spite  of  the  remonstrances  of  the  General  Court.     In 
October,  1635,  he  was  called  upon  to  answer  for  his  teach- 
ings.    The  outcome  of  the  trial  was   his   banishment  from 
the  colony.     The  Court  considering  the  season  of  the  year, 
allowed  him  to  remain  for  six  months.  This  time  he  employed 
in  gathering  a  congregation,  although  the  Court  had  especially 
forbidden  his  doing  any  work  of  this  kind.     He  was  ordered, 
in  consequence,  to  be  seized  and  sent  to  England.     Williams, 
however,  escaped  and  joined  by  others  of  like  mind,  in  the  sum- 
mer of  1636,  organized  the  plantation  of  Providence.     Other 
plantations  were  formed  in  the  Rhode  Island  territory  about 

^Records,  Vol.  IV,  p.  33,  1717-1735. 


129]     Civil  and  Ecclesiastical  Beginnings  of  New  England.    47 

this  time.  It  is  not  necessary  to  give  in  detail  a  description 
of  their  founding.  The  ideas  of  Williams  became  predominant, 
particularly  his  idea  of  the  relation  of  church  and  state. 
The  need  of  mutual  protection  soon  brought  about  a  union  of 
the  Rhode  Island  towns.  Then  their  desire  to  have  a  more 
perfect  title  to  lands  that  they  had  purchased  from  the  Indians, 
led  the  towns  to  apply  for  a  charter.  In  1644  a  charter 
was  obtained  and  the  Colony  became  "  the  Incorporation  of 
Providence  Plantation  in  Naragansett  Bay  in  New  England." 
After  the  Restoration  a  second  charter  was  obtained  which 
made  the  Rhode  Island  Colonies  a  "  Body  Corporate  and 
Politic  in  fact  and  name,  by  the  name  of  the  Governor  and 
Company  of  the  English  Colonies  of  Rhode  Island  and 
Providence  Plantation  in  New  England  in  America."  What 
is  most  interesting  in  this  charter  is  its  provision  for  religious 
liberty.  In  their  petition  for  the  charter  the  colonists  had 
said  "  it  is  much  on  their  hearts  (if  they  be  permitted)  to  hold 
forth  a  lively  experiment,  that  a  most  flourishing  civil  State  may 
stand,  and  best  be  maintained,  and  that  among  our  English 
subjects,  with  a  full  liberty  in  religious  concernments,  and  that 
true  piety,  rightly  grounded  upon  Gospel  principles,  will  give 
the  best  and  greatest  security  to  sovereignty,  and  will  lay  in 
the  hearts  of  men  the  strongest  obligation  to  true  loyalty."  In 
response  to  this  the  charter  that  was  granted  said :  "  that 
we,  willing  to  encourage  the  hopeful  undertaking  of  our  said 
loyal  and  loving  subjects,  and  to  secure  them  in  the  free  exer- 
cise and  enjoyment  of  all  their  civil  and  religious  rights  apper- 
taining to  them  as  our  loving  subjects,  and  to  preserve  nnto 
them  that  liberty  in  the  true  Christian  faith  and  worship  of 
God  which  they  have  sought  with  so  much  travel,  and  with 
peaceable  minds  and  loyal  subjections  to  our  royal  progenitors, 
and  ourselves  to  enjoy  ;  and  because  some  of  the  people  and  in- 
habitants of  the  same  colony  cannot,  in  their  private  opinions, 
conform  to  the  public  exercise  of  religion,  according  to  the 
liturgy,  form  and  ceremonies  of  the  Church  of  England,  or 
take  or  subscribe  the  oaths  and  articles  made  and  established 


48  Church  and  State  in  Neio  England.  [130 

in  that  behalf;  and  for  that  the  same,  by  reason  of  the  remote 
distances  of  these  places,  will,  as  we  hope,  be  no  breach  of  the 
unity  and  uniformity  established  in  this  Xation,  have  therefore 
thought  fit,  and  do  hereby  publish,  grant,  ordain,  and  declare, 
that  our  royal  will  and  pleasure  is,  that  no  person  within  the 
said  colony  at  any  time  hereafter,  shall  be  molested,  punished, 
disquieted  or  called  in  question,  for  any  differences  in  opinion 
in  matters  of  religion,  and  do  not  actually  disturb  the  peace  of 
our  said  colony ;  but  that  all  and  every  person  and  persons 
may,  from  time  to  time,  and  at  all  times  hereafter,  freely  and 
lawfully  have  and  enjoy,  his  and  their  own  judgments  and 
consciences,  in  matters  of  religious  concernments,  throughout 
the  tract  of  land  here  before  mentioned,  they  behaving  them- 
selves peaceably  and  quietly,  and  not  using  this  liberty  to 
licentiousness  and  profaneuess,  nor  to  the  civil  injury  or  out- 
ward disturbance  of  others,  any  law,  statute  or  clause  therein 
contained  or  to  be  contained,  usage  or  custom  of  this  realm,  to 
the  contrary  hereof,  in  any  wise  notwithstanding/'^ 

Hough,  in  his  American  Constitutions,  commenting  on  this 
feature  of  the  charter,  savs :  "  This  broad  and  liberal  arrant  of 
liberty  of  opinion  in  matters  of  religious  faith  is  among  the 
earliest  examples  of  that  toleration  which  now  prevails  in 
every  State  in  the  American  Union  ;  but  at  the  time  when 
it  was  asked  and  obtained,  it  formed  a  striking  and  honor- 
able contrast  with  the  custom  and  laws  of  the  neio-hborino- 
colonies."^  With  the  exception  of  a  few  years,  durimr  the 
period  of  royal  governors  for  New  England,  this  charter  re- 
mained the  fundamental  law  of  Rhode  Island  until  the  present 
century. 

Vermont  was  the  last  of  the  New  England  states  to  be 
colonized.  Little  was  known  of  this  territory  in  the  first  half 
of  the  eighteenth  century.  Grants  of  land  had  been  made  by 
both  Massachusetts  and  New  Hampshire,  and  Fort  Dummer 
bad  been   built   by  the    ^lassachusetts  government.     A  fe^ 

Vol.  II,  p.  246. 


131]    Civiland  Ecclesiastical  Beginnings  of  New  England.    49 

other  settlements  had  been  made,  but  it  was  not  until  the 
French  and  Indian  War  that  the  people  became  acquainted 
with  its  excellent  climate  and  fertile  soil.  Before  the  war 
New  Hampshire  had  chartered  sixteen  townships  west  of  the 
Connecticut,  but  there  were  few  inhabitants  there,  amounting 
in  1760  to  not  more  than  three  hundred.  Three  years  after 
the  war,  New  Hampshire  had  chartered  one  hundred  and 
twenty-eight  townships  in  the  Vermont  territory.  New  York 
also  claimed  jurisdiction  over  it,  and  during  the  fifteen  years 
following  the  French  and  Indian  wars,  had  made  grants 
for  nearly  two  and  a  half  million  acres  of  its  laud.  New 
York  and  all  New  England  had  contributed  colonists  for  this 
territory. 

The  question  of  jurisdiction  was  decided  by  the  Crown  in 
1764.  New  Hampshire  was  restricted  to  the  territory  east  of 
the  Connecticut.  The  Vermont  region  was  placed  under  the 
jurisdiction  of  New  York.  The  latter  colony  now  declared 
the  New  Hampshire  grants  illegal  and  tried  to  compel  the 
grantees  to  repurchase  their  lands.  The  Vermont  settlers 
refused  to  do  this  and  a  controversy  with  New  York  lasting 
several  years  began.  In  the  war  of  the  Revolution,  Vermont 
joined  with  the  other  colonies  but  she  fought  at  the  same  time 
for  her  own  independence  of  New  York.  On  the  17th  of 
Januarv,  1777,  she  declared  her  independence  and  in  the  same 
year  drafted  a  constitution  for  her  government.  EflForts  were 
made  at  this  time  by  the  British  to  win  the  new  republic  to 
their  side  but  without  success.  After  repeated  efforts  to  be 
be  admitted  into  the  union  of  the  United  States,  she  finally 
succeeded,  but  not  until  1791. 

In  ecclesiastical  matters  the  Vermont  towns,  especially  those 
chartered  by  New  Hampshire,  were  governed  as  other  New 
England  towns.  A  more  liberal  policy  was  prevailing  when 
these  townships  were  organized.  Religious  liberty  had  made 
decided  progress.  Where  the  New  York  jurisdiction  could 
be  maintained,  the  Church  of  England  was  specially  encour- 
aged. But  in  the  great  majority  of  towns  the  voters  estab- 
4 


50  Church  and  State  in  New  England.  [132 

lished  the  church,  the  Congregational,  to  which  they  had  been 
accustomed  before  coming  to  Vermont.  DePuy  in  his  Ethan 
Allen  and  the  Green  Mountain  Heroes  of  1776  tells  how  the 
church  was  established  in  Bennington.  He  tells  us  that  in  1761 
Bennington  was  settled.  A  church  was  constructed  and  paid 
for,  "  partly  by  individual  contributions  and  partly  by  a  tax  on 
the  proprietors  of  the  towns. 

"  The  Cambridge  Platform  was  adopted  except  such  parts 
as  admitted,  according  to  the  Xew  England  fashion  of  that 
day,  the  aid  of  the  civil  magistrates  in  enforcing  the  support 
of  the  ministry,  and  their  coercive  power  over  the  church  in 
other  matters.  They  called  themselves  Congregationalists, 
others  called  them  Separatists."^ 

The  relation  of  church  and  state  becomes  clearer  after  the 
adoption  of  the  Constitution  of  1777.  The  following  is  Arti- 
cle III  of  the  Declaration  of  Rights  in  this  constitution  : 

"That  all  men  have  a  natural  and  unalienable  right  to 
worship  Almighty  God,  according  to  the  dictates  of  their 
own  consciences  and  understanding,  regulated  by  the  word 
of  God ;  and  that  no  man  ought,  or  of  right,  can  be 
compelled  to  attend  any  religious  worship,  or  erect  or  support 
any  place  of  worship,  or  maintain  any  minister,  contrary  to 
the  dictates  of  his  conscience ;  nor  can  any  man  who  professes 
the  Protestant  religion  be  justly  deprived  or  abridged  of  any 
civil  right  as  a  citizen,  on  account  of  his  religious  sentiment, 
or  peculiar  mode  of  religious  worship,  and  that  no  authority 
can,  or  ought  to  be  vested  in,  or  assumed  by,  any  power  what- 
soever, that  shall  in  any  case,  interfere  with,  or  in  any  manner 
control,  the  rights  of  conscience,  in  the  free  exercise  of  religious 
worship;  nevertheless,  every  sect  or  denomination  of  people 
ought  to  observe  the  Sabbath,  or  the  Lord's  day,  and  keep  up 
and  support,  some  sort  of  religious  worship,  which  to  them 
shall  seem  most  agreeable  to  the  revealed  will  of  God."^ 

^De  Puv,  pp.  140,  141. 

'Records  of  the  Council  of  Safety  and   Governor  and  Council  of  the  State  of 
Vermont,  Vol.  I,  p.  93. 


133]    Civil  and  Ecclesiastical  Beginnings  of  New  England.    5 1 

No  provision  was  made  for  the  public  maintenance  of  a 
church  until  six  years  after  the  constitution  was  adopted.  In 
1783  a  law  was  made  to  enable  towns  and  parishes  to  erect 
proper  houses  for  public  worship,  and  support  ministers  of  the 
Gospel.  Many  of  the  towns  availed  themselves  of  this  privi- 
lege, and  thus  Vermont  followed  in  the  footsteps  of  her 
sister  states  in  New  England. 


CHAPTER  III. 

The  Development  of  Religious  Liberty  in  the 
Seventeenth  Century  to  1691. 

A  study  of  the  history  of  the  great  Reformation  reveals 
many  triumphs  for  the  cause  of  liberty,  civil  and  religious. 
There  were  to  be  many  conflicts,  many  a  martyr  had  to  sacrifice 
his  all  before  civilization  was  enriched  with  the  element  of 
individual  liberty.  In  the  midst  of  these  conflicts  America  was 
colonized,  and  for  American  soil  was  reserved  the  scene  of  the 
struggle  that  was  to  end  in  the  culminating  triumph,  the  com- 
plete separation  of  church  and  state. 

Early  in  the  history  of  Puritan  New  England  forces  mani- 
fest themselves  whose  tendency  is  to  bring  about  a  more  perfect 
religious  liberty.  Those  whose  importance  becomes  consider- 
able in  the  seventeenth  century  down  to  the  year  1691,  will  be 
treated  in  this  chapter. 

During  the  first  thirty  years  of  her  history,  the  chief  colony, 
Massachusetts,  had  been  conducting  her  afiairs  in  a  manner 
that  was  sure  to  raise  up  enemies  against  her.  The  expulsion 
of  the  Browns  for  their  adherence  to  the  ritual  of  the  Church 
of  England,  the  banishment  of  Roger  Williams,  justified  as  it 
may  have  been  by  political  expediency,  the  banishment  of  the 
Antinomians,  Wheelwright  and  Mrs.  Hutchinson,  the  driving 
out  of  those  who  denied  infant  baptism,  the  harsh  treatment  of 
the  Quakers,  the  restriction  of  the  franchise  excluding  even 
members  of  the  Church  of  England,  the  aggressive  measures 
adopted  to  extend  her  jurisdiction  over  Maine  and  New 
Hampshire,  all  these  were  acts  for  whose  consequences  the 
52 


135]    Development  of  Religious  Liberty  in  the  17th  Century.    53 

Puritan  colony  was  to  be  held  responsible.     The  Restoration 
in  the  mother  country  brought  a  general  complaint  against 
Massachusetts.     The   colonists  were   not   slow  to   see   their 
danger.     They  had  agents  at  work  to  justify  their  actions,  to 
resist  all  encroachment  on  what  they  called  their  liberties,  and 
to  counteract  the  influence  of  the  complainants.     The  colony 
was  to  a  good  extent  successful  in  her  defence  against  attack. 
It  is  not  easy  to  say  to  what  extent  the  administration  of 
Massachusetts  was  modified  by  the  orders  of  the  King.     But 
it  is  certain  that  by  the  complaints  of  the  Quakers,  the  King 
was  induced  to  send  a  letter  to  Governor  Endicott,  ordering 
that  further  proceedings  against  the  Quakers  should  be  sus- 
pended, and  that  those  who  were  languishing  in  prison  should 
be   sent   to   England.     Shattock,  a  Quaker  who   had   been 
scourged  and  banished  from  the   colony,  was  charged  with 
bringing  the  letter  to  Massachusetts.     The  order  of  the  King 
was  promptly  obeyed,  and  all  Quakers  were  released  from 
prison.     Less  than  a  year  before  this  Massachusetts  was  con- 
demning Quakers  to  death ;  now  she  released  them  from  prison. 
The  reason  for  this  change  is  not  found  altogether  in  the  letter 
of   the  King  but  in  the  change   in  the  sentiments   of  the 
colonists.     The  Puritans  were  not  the  hard-hearted,  unrelent- 
ing persecutors  that  they  are  often  represented  to  be.     It  is  to 
be  remembered  that  the  political  life  of  Massachusetts  for  the 
first  thirty  years  was  very  precarious.     Toleration  of  men  of 
the  Eoger  Williams  or  Wheelwright  types,  or  of  the  Quakers, 
meant  internal  dissension  and  disunion,  with  all  their  con- 
sequences.    For  self  preservation  a  State  may  adopt  unusual 
measures.     We  do  not  know  just  how  far  political  expediency 
entered  into  the  banishment  of  dissenters.     But  from  the  time 
when  Massachusetts  was  compelled  to  adopt  a  severe  policy, 
there  was  a  party  of  opposition,  a  party  in  favor  of  liberality 
and  charity. 

In  1661  Christison  who  had  been  banished  and  threatened 
with  death  on  his  return,  did  return,  was  condemned  to  die, 
but  the  sentence  was  not  carried    out.     The  opposition  to 


54  Church  and  Stale  in  New  England.  [136 

extreme  measures  was  too  great.  The  law  for  capital  punish- 
ment was  not  at  once  repealed  but  it  became  inoperative  from 
this  time.  Xot  until  later  in  the  same  year  was  the  King's 
letter  received.  "  The  royal  edict,"  says  Doyle,  "  did  but 
accelerate  and  give  effect  to  the  feeling  of  an  influential  party 
in  the  colomj.  A  true  instinct  taught  Endicott  that  the  day 
had  passed  away  for  him  and  for  those  who  thought  with 
him.  The  power  of  the  priesthood  was  broken.  Public  opin- 
ion was  being  transformed,  as  it  was  transformed  in  the  mother 
country.  Earnest  orthodoxy  was  slowly  learning  true  tolerance ; 
conventional  orthodoxy  was  lapsing  into  indifference."  ^  It  is 
true  that  toleration  of  the  Quakers  was  not  yet  to  be.  The 
King  wrote  a  second  letter  in  which  he  said  that  it  was  found 
necessary  in  England  to  make  a  sharp  law  against  them,  and 
that  there  is  no  objection  to  the  colonists'  doing  likewise. 
Massachusetts,  however,  did  not  do  likewise.  The  year  1661 
saw  more  liberal  principles  prevailing  in  her  administration. 
A  more  enlightened  sentiment  was  abroad  in  the  colony.  It 
began  to  develop  in  the  first  decade  of  Massachusetts'  history, 
in  the  time  of  the  Roger  Williams  and  Antinomian  contro- 
versies. The  punishment  of  Baptists  made  the  opposition 
stronger.  The  party  in  power  made  severe  laws  against  this 
sect  but  it  was  difficult  to  enforce  them  unsupported,  as  they 
were,  by  many  of  the  people.  "With  the  execution  of  the 
Quakers  came  a  reaction  that  placed  in  power  the  opposition 
party,  the  party  of  liberality,  of  justice  and  humanity.  Massa- 
chusetts had  taken  the  first  step  towards  religious  freedom. 
The  colony,  too,  had  grown  stronger  ;  the  speeches  and  actions 
of  one  man  could  no  longer  put  in  jeopardy  the  very  life  of  the 
little  state.     A  a  more  liberal  policy  was  now  possible. 

The  punishment  of  dissenters  did  not  enter  so  prominently 
as  a  factor  in  the  development  of  religious  liberty  in  the  other 
colonies  as  in  Massachusetts.  A  liberal  policy  always  pre- 
vailed at  Plymouth.     As  early  as  1645  there  was  a  majority 

^  Do^'le's  Puritan  Colonies,  Vol.  II,  p.  114. 


137]    Development  of  Religious  Liberty  in  the  17th  Century.    55 

in  favor  of  "  full  and  free  toleration  to  all  men  that  would 
preserve  the  civil  peace  and  submit  unto  the  government." 
The  law  against  Quakers,  passed  in  1655,  distinctly  prohibited 
any  punishment  causing  injury  to  life  or  limb.  As  to  Bap- 
tists, their  own  historian.  Backus,  says  :  "  They  (Baptists) 
were  in  Plymouth  colony,  where  they  had  ever  enjoyed  much 
more  liberty  than  any  had  in  Massachusetts."  ^  The  Ply- 
mouth colonists  had  learned  toleration  before  they  came  to 
America. 

In  Connecticut  the  influence  of  Winthrop  was  directed  in 
opposition  to  persecution.  Laws  were  made  against  Quakers ; 
they  were  imprisoned  until  they  could  be  sent  out  of  the 
colony.  A  toleration  law  was  passed  as  early  as  1669.  In 
this  year  the  General  Court  declared  "  that  all  such  persons 
being  also  approved  according  to  law,  as  orthodox  and  sound 
in  the  fundamentals  of  Christian  religion  may  have  allowance 
of  their  persuasion  and  profession  in  church  ways  or  assem- 
blies without  disturbance."  '  This  law  on  its  surface  seems 
fair  and  liberal ;  but  it  was  doubtless  rigidly  enforced  until,  at 
least,  the  close  of  the  century. 

^Yhile  we  are  considering  the  influence  of  a  rigid  policy 
towards  dissenters  in  the  development  of  religious  liberty,  we 
cannot  pass  over  Rhode  Island's  history.  Religious  liberty 
prevailed  there  from  its  foundation.  AYe  have  in  this  colony 
the  first  fruits  of  persecution.  The  colony  was  planted  by 
exiles  for  the  cause  of  religion,  and  this  fact  largely  explains 
its  liberal  spirit. 

The  political  life  of  Massachusetts  or  of  any  of  the  colonies 
cannot  be  separated  from  that  of  the  mother  country.  The 
Restoration,  as  we  have  seen,  was  not  without  its  influence  in 
America.  In  1661  the  General  Court  of  Connecticut  agreed 
to  send  a  congratulatory  letter  to  the  King  "  thereby  declaring 
and  professing  themselves,  all  the  inhabitants  of  the  Colony, 


Church  History  of  New  England,  p.  94.  *  Records,  Vol.  II,  p.  109. 


56  Church  and  State  in  New  England.  [138 

to  be  His  Higlmess's  lawful  and  faithful  subjects."'  At  the 
same  time  they  sought  from  the  Crown  a  continuance  and  con- 
iSlrmation  of  the  privileges  necessary  to  the  welfare  of  the 
colony.  Later  in  the  same  year,  Winthrop  sailed  for  England 
for  the  special  purpose  of  obtaining  a  charter.  Pie  was  suc- 
cessful, and  in  the  following  year  the  charter  was  granted.  It 
has  an  important  bearing  on  the  progress  of  religious  liberty 
because  it  incorporated  the  New  Haven  colonies  or  towns  with 
Connecticut.  The  union  was  not  at  all  agreeable  to  New 
Haven,  but  after  negotiations  lasting  about  two  years  she  sub- 
mitted. It  will  be  remembered  that  the  New  Haven  towns 
based  their  government  on  the  Bible.  Only  church  members  in 
good  standing  enjoyed  the  franchise.  All  this  was  done  away 
with  and  it  was  a  step  in  the  direction  of  entire  religious  liberty 
in  New  England.  New  Haven  was  reluctant  to  abandon  the 
religious  test  for  citizenship.  Connecticut,  however,  had  just 
won  the  favor  of  the  Crown,  and  she  knew  she  would  risk 
losing  it,  if  she  did  not  insist  upon  a  more  liberal  franchise.  A 
compromise  was  agreed  upon  ;  instead  of  church  membership, 
a  certificate  from  the  deacons  and  selectmen  that  the  man  was 
of  a  "  religious  carriage  and  competent  estate  "  was  all  that  was 
required. 

The  colonists  of  Rhode  Island  were  the  first  to  recognize 
the  Restoration,  and  declared  a  general  holiday  to  celebrate  it 
a  whole  month  before  any  of  the  other  colonies  formally 
acknowledged  it.  In  1663  the^y  petitioned  the  King  for  a 
charter.  In  their  petition  they  gave  their  ideas  of  religious 
toleration,  as  was  pointed  out  in  the  previous  chapter.  The 
charter  that  they  received  permitted  them  to  organize  a  state  in 
which  all  denominations  should  be  on  an  equality.  Not  one 
was  to  be  specially  favored  by  the  State.  The  gain  for  Rhode 
Island  at  this  time  was,  therefore,  that  religious  liberty  was 
placed  upon  a  constitutional  basis. 


'  Quoted  in  Palfrey's  History  of  New  England,  Vol.  II,  p.  39. 


139]    Development  of  Religious  Liberty  in  the  17th  Century.    5 7 

Attention  has  before  been  called  to  the  fact  that  at  the 
Restoration  there  was  a  general  complaint  made  against  Massa- 
chusetts. No  appeal  to  the  Crown  met  with  greater  sympathy 
than  that  of  the  large  number  of  disfranchised  inhabitants. 
Massachusetts  began  with  a  very  narrow  policy.  Only  church 
members,  as  we  have  seen,  were  permitted  to  vote.  It  is  not 
necessary  here  to  consider  the  purpose  of  such  a  law.  It  shows 
the  close  union  of  church  and  state  and  its  repeal  aided  in 
bringing  about  the  final  dissolution  of  that  union.  Ten  years 
after  the  law  was  enacted  the  colony  found  it  a  source  of  em- 
barrassment. In  1641-3  when  her  jurisdiction  was  extended 
over  the  New  Hampshire  towns,  for  the  satisfaction  of  the 
inhabitants  there  she  was  compelled,  as  was  pointed  out  in  a 
previous  chapter,  to  abandon  the  religious  qualification  for 
citizenship.  The  property  qualification  only  was  insisted 
upon.  The  inhabitants  of  Maine  were  admitted  as  citizens  on 
the  same  terms.  The  church  membership  qualification  was 
evidently  too  narrow  for  the  aggressive  policy  of  Massachu- 
setts in  the  extension  of  her  territory.  That  it  was  not  en- 
forced in  Maine  and  New  Hampshire,  and  that  their  inhabi- 
tants enjoyed  privileges  refused  to  many  men  of  Massachusetts, 
doubtless  had  an  influence  in  repealing  the  law  altogether. 
Uniformity  in  the  franchise  could  fairly  be  asked  for.  That 
it  was  asked  for  may  gathered  from  the  subsequent  history  of 
the  colony. 

About  the  time  the  New  Hampshire  towns  were  incorpor- 
ated the  General  Court  formally  considered  the  question  of 
conferring  some  of  the  privileges  of  citizenship  upon  those 
who  were  not  church  members.  No  action,  however,  was 
taken  upon  the  question.  Winthrop  says  that  the  matter  was 
referred  to  the  next  Court,  in  order  that,  in  the  meantime, 
letters  could  "  be  written  to  other  colonies  to  advise  with  them 
about  it."  ^    Two  years  later,  in  1646,  an  organized  effort  was 


^History  of  New  England,  Vol.  II,  p.  160. 


58  Church  and  State  in  Neio  England.  [140 

put  forward  by  the  disfranchised  to  obtain  the  freedom  of  the 
colony.  They  first  drew  up  a  petition  to  Parliament  "  pre- 
tending that  they,  being  free-born  subjects  of  England,  were 
denied  the  liberty  of  subjects,  both  in  Church  and  in  Common- 
wealth, themselves  and  their  children  debarred  from  the  seals 
of  the  covenant,  except  they  would  submit  to  such  a  way  of 
entrance  and  church  government,  as  their  consciences  could 
not  admit,  and  take  such  a  civil  oath  as  would  not  stand  with 
their  oath  of  allegiance,  or  else  they  must  be  deprived  of  all 
power  and  interest  in  civil  affairs,  etc."  "And  now  at  this 
court  at  Boston,"  Wiuthrop  continues,  "a  petition  to  the  same 
effect,  much  enlarged,  was  delivered  in  to  the  deputies."^ 
The  petitioners  threatened  to  send  their  appeal  to  parliament 
if  their  requests  were  not  granted.  This  threat  was  of  no 
avail ;  their  requests  were  not  granted  but  formal  charges  were 
brought  against  the  petitioners  and  as  a  result,  they  were  com- 
pelled to  pay  heavy  fines.  There  is  little  doubt,  however,  that 
the  agitation  by  those  excluded  from  civil  rights  continued  ; 
for  a  few  years  later  the  subject  of  Baptism  brought  up  the 
question  in  another  form.  The  disfranchised  now  formed  a 
political  faction,  whose  growing  strength  and  power  the  Massa- 
chusetts colony  was  bound  to  respect  sooner  or  later. 

After  the  incorporation  of  the  Maine  and  New  Hampshire 
inhabitants  as  citizens,  whether  church  members  or  not,  came 
the  adoption  of  the  Half-way  covenant  to  extend  the  franchise 
beyond  its  narrow  limits.  The  question  involved  was  largely 
an  ecclesiastical  one  but  it  had  political  features  of  importance. 
It  was  a  question  of  baptism.  The  early  Puritans  were  mem- 
bers of  the  church  and  brought  their  children  to  baptism. 
By  the  year  1660  many  of  the  children  had  become  adults 
and  were  themselves  heads  of  families.  Some  of  these  were 
not  members  of  the  church,  as  for  church  membership  was 
required  evidence  of  regeneration.  There  now  arose  the 
question  whether  they  could  bring  their  children  to  baptism. 

■  History  of  New  England,  Vol.  II,  p.  261. 


141]    Development  of  Religious  Liberty  in  the  17th  Century.    59 

But  this  question  had  to  be  answered  negatively,  as  that  was 
a  privilege  accorded  only  to  church  members  in  full  standing. 
There  was  a  large  party  in  favor  of  regarding  all  who  had  been 
baptized  in  infancy,  as  members  of  the  church.  For  five 
years  the  question  was  discussed.  It  assumed  greater  import- 
ance because  in  INIassachusetts  church  membership  was  a  con- 
dition for  citizenship.  By  the  political  feature  of  the  question 
its  solution  was  largely  determined,  and  how  far  it  entered  into 
the  politics  will  be  seen  from  its  influence  upon  a  subsequent 
election.  At  a  synod  of  the  clergy  in  1657,  the  opinion  pre- 
vailed that  baptism  in  infancy  brought  with  it  church  mem- 
bership. This  was  called  a  Half-way  covenant  as  those  who 
came  into  the  church  by  virtue  of  their  baptism  were  not  to 
be  received  in  full  connection.  The  decision  of  the  clergy  was 
approved  by  the  General  Court  of  Massachusetts  in  1662, 
which  decided  the  question  of  citizenship  for  this  colony.  The 
General  Court  of  Connecticut  sanctioned  the  same  view  two 
years  later  but  its  political  significance  was  unimportant  here, 
as  by  the  union  of  the  IS^ew  Haven  and  Connecticut  colonies 
the  religious  qualification  for  citizenship  was  abolished. 

The  extension  of  the  franchise  was  a  reform  loudly  called 
for.  In  so  far  as  this  was  accomplished  by  the  Half-way 
covenant  its  results  were  beneficial.  To  a  considerable  extent, 
therefore,  the  question  of  baptism  became  a  political  one.  J^ot 
all  the  churches  were  willing  to  adopt  the  covenant.  The 
church  at  Boston  was  divided.  A  majority  held  to  the  more 
liberal  view.  At  the  death  of  the  pastor  of  the  church,  the 
minority  won  over  enough  votes  to  call  the  Rev.  Mr.  Daven- 
port of  New  Haven  to  the  pastorate.  He  was  an  out  and  out 
opposer  of  the  covenant.  The  majority  now  seceded,  asked 
for  a  dismissal  and  permission  to  organize  a  separate  church. 
Their  requests  were  not  granted.  A  synod  of  clergymen 
advised  them  to  go  ahead  with  their  plans.  The  Governor, 
a  sympathizer  with  Davenport,  exerted  a  strong  influence  in 
his  behalf.  At  the  subsequent  meeting  of  the  General  Court, 
a  committee  was  appointed  by  the  deputies  to  inquire  into  the 


60  Church  and  State  in  New  England.  [142 

causes  of  God's  displeasure  with  the  colony.  In  its  report 
the  committee  censured  the  seceders  of  the  Boston  church. 
The  question  became  an  issue  at  the  next  election.  Only 
twenty  of  the  fifty  deputies  were  re-elected  to  the  new  House. 
The  Court  at  its  first  meeting  took  up  the  Boston  church 
question,  reversed  the  decision  of  the  jorevious  house,  and 
declared  "that  they  know  no  just  cause  of  those  scandalizing 
reflections  against  the  magistrates,  elders  and  churches,  either  in 
reference  to  the  new  church  of  Boston  or  otherwise."^  "The 
victory/'  says  Mr.  Doyle,^  "  of  the  seceders,  for  so  we  may 
call  it,  is  a  turning  point  in  the  ecclesiastical,  and  therefore  in 
the  political,  history  of  New  England.  It  was  none  the  less 
a  gain  to  the  cause  of  freedom,  because,  like  most  such  victories, 
it  was  wou  by  men  who  were  consciously  fighting  only  for  their 
own  privileges." 

The  restricted  franchise  was  attacked  by  the  excluded  at 
home,  and,  after  the  Restoration  the  King  insisted  upon 
reforming  this  feature  of  the  colony's  policy.  In  1662  the 
advisers  of  Charles  II.  wrote  to  the  colonists  that  it  was  desired 
"  that  all  freeholders  of  competent  estates,  not  \'icious  in  con- 
versation and  orthodox  in  religion  (though  of  different  persua- 
sion in  church  government)  may  have  their  votes  in  the  election 
of  all  officers,  civil  and  military."  Massachusetts  was  not  yet 
ready  to  yield.  In  1664  the  Commissioners  for  New  England 
were  appointed  and  one  of  their  chief  duties  was  to  remove  the 
restriction  from  the  franchise  and  secure  greater  freedom  in 
matters  of  religion.  Doyle  declares  that  "  from  every  point 
of  view  the  Commission  was  a  hopeless  failure."^  It  certainly 
failed  in  its  effort  to  bring  about  the  repeal  of  the  law  making 
church  membership  a  condition  of  citizenship.  At  the  first 
General  Court  after  the  arrival  of  the  Commissioners  a  substi- 
tute law  was  passed,  but  so  exacting  were  its  conditions  that 


^Massachusetts  Records,  Vol.  IV,  Part  ii,  p.  493. 

*  Puritan  Colonies,  Vol.  II,  p.  1 94. 

*  Doyle,  Puritan  Colonies,  Vol.  II,  p.  142. 


mm 


148]    Development  of  Religious  Liberty  in  the  17th  Century.    6 1 

the  change  from  the  old  to  the  new  law  amounted  to  little  or 
nothing.  The  records  of  the  time  say  :  "  In  answer  to  that 
part  of  His  Majesty's  letter  of  June  28,  1662,  concerning 
admission  of  freemen,  this  Court  doth  declare,  that  the  law 
prohibiting  all  persons  except  members  of  churches,  and  that 
also  for  allowance  of  them  in  any  county  courts,  are  hereby 
repealed ;  and  do  hereby  also  order  and  enact  that  from  hence- 
forth all  Englishmen  presenting  a  certificate  under  the  hands 
of  the  ministers  or  minister  of  the  place  where  they  dwell, 
that  they  are  orthodox  in  religion  and  not  vicious  in  their  lives, 
and  also  a  certificate  under  the  hands  of  the  selectmen  of  the 
place,  or  of  the  major  part  of  them,  that  they  are  freeholders 
and  are  for  their  own  proper  estates  (without  heads  of  persons) 
rateable  to  the  country  in  a  single  country  rate,  after  the  usual 
manner  of  valuation,  in  the  place  where  they  live,  to  the  full 
value  often  shillings,  or  that  they  are  in  full  communion  with 
some  church  amongst  us,  it  shall  be  the  liberty  of  all  and  every 
such  person  or  persons,  being  twenty-four  years  of  age,  house- 
holders and  settled  inhabitants  in  this  jurisdiction,  from  time 
to  time,  to  present  themselves  and  their  desires  to  this  Court 
for  their  admittance  to  the  freedom  of  the  Commonwealth,  and 
shall  be  allowed  the  privilege  to  have  such  their  desire  pro- 
pounded and  put  to  vote  in  the  General  Court  for  acceptance 
to  the  freedom  of  the  body  politic  by  the  suffrage  of  the  major 
part,  according  to  the  rules  of  our  patent."  ^ 

A  certificate  from  the  minister  that  the  candidate  for  citi- 
zenship was  orthodox  in  religion  and  not  vicious  in  life,  and 
a  certificate  from  the  selectmen  that  he  was  otherwise  qualified, 
had  to  be  presented  to  the  General  Court.  His  application 
was  then  considered  and  his  admission  decided  by  a  vote  of  the 
Court.  The  law  was  doubtless  rigidly  enforced;  for  King 
Charles,  in  his  subsequent  letters  to  Massachusetts,  assumes 
that  no  chang-e  whatever  had  been  made  in  the  law. 


^ Records,\o\.  IV,  Part  ii,  pp.  117-118. 


62  Church  and  State  in  New  England.  [144 

The  commissioners  were  appoiDted  to  secure  liberty  in 
religion  in  Massachusetts.  In  this  they  also  failed ;  for, 
after  their  departure,  affairs  continued  in  their  usual  course 
several  years  longer.  There  is,  of  course,  not  the  severity  that 
characterized  Massachusetts'  early  history;  but  the  opposition 
to  dissenters  is  still  strongly  felt.  In  1668  a  congregation  of 
Baptists  established  themselves  on  Noddle  Island,  in  Boston 
harbor.  The  magistrates  tried  to  get  rid  of  them,  first  by 
winning  them  over  in  public  discussion.  In  this  they  were 
not  successful.  Three  of  the  Baptists  were  then  sentenced  to 
banishment,  and  threatened  with  imprisonment  should  they 
return.  The  authorities,  however,  were  advised  not  to  enforce 
the  sentence.  The  sentiment  of  the  colony  would  not  support 
it.  The  dissenters  were  not  banished;  they  gathered  their 
church  on  the  Island,  and  were  not  molested.  Five  years 
later  one  of  their  number  wrote:  "The  church  of  the  bap- 
tized do  peaceably  enjoy  their  liberty."^  Even  in  Plymouth 
colony  there  remained  some  opposition  to  dissenters.  As  early 
as  1663  the  Baptists  in  Rohoboth  "solemnly  covenanted  to- 
gether as  a  Church  of  Christ."  ^  Complaint  was  made  against 
them  because  there  was  a  Congregational  church  there;  in 
consequence  a  small  fine  was  imposed  upon  them.  Four  years 
later,  however,  the  town  of  Swansea  was  granted  to  them  by 
the  Court  itself.  A  Baptist  church  was  organized,  and  it 
flourished  there  for  many  years. 

In  1665  the  Commissioners  in  their  report  said  of  Connec- 
ticut that  it  would  not  "hinder  any  from  enjoying  the  Sacra- 
ments and  using  the  Common  Prayer  Book,  provided  they 
hinder  not  the  maintenance  of  the  public  minister."  ^  This 
tolerant  spirit  in  the  colony  developed  sufficiently  by  1669  to 
enact  the  Toleration  law,  already  quoted.  Dissenters,  how- 
ever, had  to  be  "  approved,  according  to  law,  as  orthodox  and 
sound  in  the  fundamentals  of  Christian  religion,"  in  order  to 


1  Quoted  in  Palfrey,  Vol.  II,  p.  104.  ''Backus,  p.  94. 

^See  Beardsley's  History  of  Church  in  Connecticut,  Vol.  I,  p.  16. 


145]    Development  of  Religious  Liberty  in  the  17th  Century.    63 

have  "allowance  of  their  persuasion  and  profession  in 
church  ways."  Just  how  much  liberty  was  enjoyed  under  this 
law  it  is  difficult  to  say.  "  Orthodox  and  sound,"  according  to 
Puritan  ideas,  did  not  apply  to  many.  Dr.  Beardsley,  in  his 
History  of  the  Episcopal  Church  in  Connecticut,  says :  ^  "  For 
there  was  no  letting  up  of  the  Puritan  rigor,  no  relaxation  of 
the  rule  that  none  should  have  liberty  to  worship  God  pub- 
licly except  after  the  order  of  religion  established  by  the  civil 
government,  until  1708." 

The  Royal  Commissioners  of  1664-5  had  accomplished 
nothing.  Ten  years  later  the  mother  country  again  undertook 
to  call  the  colonies,  particularly  Massachusetts,  to  account. 
In  the  dispute  with  the  colony,  which  began  in  1675,  and 
resulted  in  vacating  the  charter  in  1684,  an  important  subject 
of  contention  was  that  bearing  on  religious  liberty.  While 
the  Massachusetts  agents,  Stoughton  and  Bulkeley,  were  in 
England  to  bring  about  a  reconciliation,  the  Baptists  stealthily 
built  a  church  in  Boston.  It  was  not  known  to  be  a  church 
until  the  Baptists  met  for  services.  Later  the  General  Court 
voted  to  take  the  house  away  from  them  if  they  continued  to 
worship  there.  The  Baptists  lost  no  time  to  report  the  matter 
in  England.  When  the  colony's  agents  returned  in  1679, 
they  brought  with  them  a  letter  in  which  the  King  said  : 
"  We  shall  henceforth  expect  that  there  shall  be  suitable  obe- 
dience in  respect  of  freedom  and  liberty  of  conscience,  so  as 
those  that  desire  to  serve  God  in  the  way  of  the  Church  of 
England,  be  not  thereby  made  obnoxious  or  discountenanced 
from  sharing  in  the  government,  much  less  that  any  other  of 
our  good  subjects  (not  being  Papists)  who  do  not  agree  in  the 
Congregational  way,  be  by  law  subjected  to  fines  or  forfeitures, 
or  other  incapacities,  for  the  same;  which  is  a  severity  the 
more  to  be  wondered  at,  whereas  liberty  of  conscience  was 
made  one  principal  motive  for  your  first  transportation  unto 
those  parts."  ^     In  spite  of  this  letter,  by  order  of  the  Court, 

1  Vol.  I,  p.  16.  ^  Backus,  p.  121. 


64  Church  and  State  in  New  England.  [l-i6 

the  Baptist  church  doors  were  nailed  and  the  congregation 
forbidden  to  meet  there.  The  church  was  afterward  opened  in 
some  way,  and  the  Baptists  again  held  services.  They  were 
summoned  before  the  Court,  where  they  argued  that  the 
church  had  been  built  before  the  law  was  enacted ;  and,  fur- 
ther, that  the  letter  of  the  King  was  in  their  favor.  The 
Court  forgave  their  past  conduct,  but  forbade  future  meetings 
of  Baptists  in  the  church.  Doubtless,  the  controversy  with 
the  King  and  his  recent  letter  had  considerable  influence  upon 
the  Court  in  its  mild  treatment  of  these  dissenters. 

In  the  following  year  the  General  Court  taking  into  con- 
sideration the  King's  objections  to  their  laws  voted  to  repeal 
the  law  "  for  punishing  with  death  Quakers  returned  from 
banishment."  ^  At  the  same  time  the  law  against  heresy  was 
amended.  In  1682  the  agents  sent  to  England  in  response  to 
the  King's  demands,  were  specially  instructed  to  inform  the 
King  that  there  was  now  no  law  prohibiting  any  members  of 
the  Church  of  England  from  civil  privileges,  and  that  the  laws 
against  "  violent  and  impetuous  intrusions  of  the  Quakers  had 
been  repealed  ; "  Anabaptists  were  "■  subject  to  no  other  penal 
statutes  than  those  of  the  Congregational  way  ;  "^  the  church 
membership  qualification  for  citizenship,  too,  was  abolished. 
All  this  shows  that  the  religious  exclusiveness  of  Massachusetts 
was  a  chief  cause  of  complaint  against  her.  In  1684  her 
charter  was  declared  forfeited.  Under  the  Royal  governors 
until  the  Revolution,  religious  liberty  made  no  progress  in 
New  England.  The  government  was  changed  after  the  acces- 
sion of  William  and  Mary.  Connecticut  and  Rhode  Island 
resumed  their  governments  under  their  old  charters.  Massa- 
chusetts received  a  new  one  and  organized  its  government  on 
the  new  basis  in  1692.  Plymouth  and  Maine  were  associated 
with  Massachusetts.  New  Hampshire  was  made  a  royal 
province.  The  new  charter  for  Massachusetts  distinctly  pro- 
vided for  liberty  of  conscience  to  all,  except  papists,  as  was 

'  Palfrey,  Vol.  II,  p.  239.  'Palfrey,  Vol.  II,  p.  242. 


147]    Development  of  Religious  Liberty  in  the  17th  Century.    65 

seen  in  the  previous  chapter.  The  year  1692  marks  the  begin- 
ning of  a  new  era  for  Massachusetts.  The  colony,  however, 
was  yet  far  from  religious  freedom.  All  citizens  were  com- 
pelled to  support  the  Congregational  church  ;  but  progress  had 
been  made,  and  the  day  when  dissenters  should  be  exempted 
from  taxes  for  the  state  church  was  not  far  distant. 

We  have  noticed  three  forces  tending  to  promote  religious 
liberty  in  the  seventeeuth  century.  (1).  Persecution  of  dis- 
senters, in  the  early  history  of  the  colonies,  met  with  opposition 
and  developed  a  spirit  of  toleration,  which  made  its  influence 
felt  in  Rhode  Island  from  the  foundation,  in  Massachusetts 
from  1661,  and  in  Connecticut,  though  not  to  any  great  extent 
here,  from  the  year  1 669.  (2).  The  extension  of  the  franchise, 
in  Connecticut  by  the  Charter  of  1662,  in  Massachusetts  by  the 
incorporation  of  Maine  and  New  Hampshire  towns,  and  by  the 
Half-way  covenant,  gave  the  privileges  of  citizenship  to  many 
not  enthusiastic  for,  and  perhaps,  not  at  all  in  sympathy  with, 
the  church  established  by  law.  In  consequence,  a  new  element, 
in  opposition  to  narrowness  and  in  favor  of  liberality  of  policy, 
appears  to  foster  a  healtliier  public  opinion.  (3).  The  con- 
troversies of  Massachusetts  with  the  Crown  forced  that  colony 
to  amend  or  repeal  laws  restricting  freedom  in  matters  of 
religion. 


CHAPTER  lY. 

Development   of   Religious   Liberty  in   the 
Eighteenth  Centuey  to  1787. 

/  The  Charter  of  1691  marks  an  epoch  in  the  history  of 
Massachusetts.  The  long  struggle  that  arose  because  of  the 
association  of  church  membership  witli  the  franchise  was 
ended.  The  religious  test  for  citizenship  did  not  endure  until 
the  coming  in  of  the  eighteenth  century.  A  great  change  had 
come  over  New  England.  Church  and  state  were  far  differ- 
ent from  what  they  were  in  the  time  of  Governor  Bradford. 
In  some  respects  there  is  a  marked  advance ;  in  others,  retro- 
gression. 

The  population  of  Xew  England  in  1700  was  about  106,000. 
Of  these,  70,000  were  under  the  jurisdiction  of  Massachu- 
setts; Connecticut  had  25,000;  ISTew  Hampshire,  5,000,  and 
Rhode  Island  6,000.^  They  w6re  nearly  all  descendants  of 
the  Puritan  emigrants,  whose  prime  motive  of  leaving  their 
native  land  for  America,  was  to  enjoy  freedom  of  worship. 
Religion  was  not  the  all-absorbing  topic  with  the  first  gene- 
ration of  the  eighteenth  century,  as  it  had  been  with  their 
grandfathers.  Religion  was  for  a  time  in  the  background, 
Avhile  agriculture  and  commerce  came  into  prominence.  From 
an  economic  point  of  view  Xew  England  was  prospering. 
Large  incomes  were  derived  from  the  fisheries.  Trade  with 
the  West  Indies  was  brisk.  Ship-building  was  carried  on,  on 
so  large  a  scale,  that  English  builders  complained  of  American 

^Thwaite's  Colonies,  p.  181. 

66 


149]    Development  of  Religious  Liberty  in  the  18th  Century.    6  7 

competition.  Domestic  industries  were  occupied  with  lumber 
supplies,  the  manufocture  of  rum,  linen,  and  woolen  goods. 
This  large  industrial  and  commercial  life  was  not  without  its 
influence  upon  politics.  It  tended  to  weaken  the  domination 
of  religion  in  government ;  also,  to  develop  broader  and  more 
enlightened  ideas.  As  early  as  1632  the  prospect  of  commer- 
cial prosperity  began  to  detract  from  the  religious  zeal  of  the 
colonists.  In  this  year  the  Rev.  John  White,  of  Dorchester, 
complains  of  ''  profit  being  the  chief  aim  and  not  the  propa- 
gation of  religion."  ^  An  incident  illustrative  of  this  point, 
is  given  in  ]\Iather's  Magnalia.  He  says  that  at  Marblehead 
a  minister  was  exhorting  the  people  to  seek  first  the  Kingdom 
of  God,  and  all  things  would  be  added  unto  them.  To  this, 
one  of  the  fishermen  replied :  "  You  think  you  are  preaching 
to  the  people  at  the  Bay.  Our  main  end  was  to  catch  fish."^ 
Thus  was  Xew  England  changing  ;  but  the  change  was  not 
unrecognized  by  the  more  pious  Puritans  of  this  period.  In 
1679  a  synod  of  the  clergy  and  laity  was  called  to  consider 
matters  bearing  upon  the  reformation  of  the  churches.  One 
of  the  principal  questions  debated  and  formally  answered  was  : 
"  What  are  the  evils  that  have  provoked  the  Lord  to  bring 
His  judgments  on  New  England  ?  "  The  answer  is  given  in 
extenso  in  Cotton  Mather's  Magnalia.  It  mentions  among  the 
causes  of  God's  displeasure,  a  great  and  visible  decay  of  the 
power  of  godliness  amongst  many  professors,  profanity  by 
oaths  and  imprecation  in  ordinary  discourse,  Sabbath-break- 
ing, decline  in  family  worship,  intemperance,  want  of  truth 
amongst  men,  etc.  The  desire  for  economic  prosperity  and 
riches  is  given  as  one  of  the  leading  causes.  On  this  point 
the  synod's  answer  says  :  There  hath  been  in  many  professors 
an  insatiable  desire  after  land  and  worldly  accommodations ; 
yea,  so  as  to  forsake  churches  and  ordinances,  and  to  live  like 


1  Quoted  in  Weeden's  Economic  and  Social  History  of  New  England,  Vol.  I, 
p,  125. 

'  Weeden,  Vol.  I,  p.  135. 


68  Church  and  State  in  New  England.  [150 

heathen,  only  that  so  they  might  have  elbow-room  enough  in 
the  world.  Farms  and  merchandisings  have  been  preferred 
before  the  things  of  God.  In  this  respect  the  interest  of  New 
England  seemeth  to  be  changed.  We  differ  from  other  out- 
goings of  our  nation,  in  that  it  was  not  any  worldly  consider- 
ations that  brought  our  fathers  into  this  wilderness,  but 
religion,  even  that  so  they  might  build  a  sanctuary  unto  the 
Lord's  name ;  whereas,  now  religion  is  made  subservient  unto 
worldly  interests.^ 

Commercial  prosperity  modified  the  politics  of  New  Eng- 
land not  only  by  withdrawing  attention  from  religion,  which 
had  in  the  earlier  period  been  their  chief  concern,  but  by 
educating  the  people  to  greater  sympathy  with  their  fellows. 

I  The  old  Puritan  test,  "  orthodox  and  sound "  with  a  Puritan 
construction  upon  it,  was  made  to  vanish  by  the  culture  of  an 
extensive  commercial  life.  This  fact,  too,  was  recognized 
by  some  of  the  Puritans,  though,  perhaps,  not  appreciated. 
Johnson,  in  his  Wonder -Working  Providence,  after  speaking 
boastingly  of  the  flourishing  trade  of  the  colonists  in  1650, 
laments  its  influence  upon  the  minds  of  the  people.  He  says 
that  many  of  the  business  men  "  would  willingly  have  the 
Commonwealth  tolerate  divers  kinds  of  sinful  opinions,  to 
entice  men  to  come  and  sit  down  with  us,  that  their  purses 
might  be  filled  with  coin,  the  civil  Government  with  conten- 
tion, and  the  Church  of  our  Lord  Christ  with  errors."  ^  Such 
was  the  efl^ect  of  economic  prosperity  in  New  England.  It, 
doubtless,  aided  naaterially  in  bringing  about  a  greater  degree 
of  religious  liberty,  the  progress  of  which,  in  this  period,  will 
be  considered  later. 

r  In  consequence  of  the  growth  of  the  colonies,  there  are 
other  forces  set  in  motion,  which  aid  the  progress  of  religious 
freedom,  withdrawing  religion,  more  and  more,  from  the  control 
of  the  civil  power.    Among  the  first  acts  of  the  General  Court 


^  Cotton  Mather's  Magtialia,  Vol.  II,  Book  V,  Sec.  4. 
"Weeden,  Vol.  I,  p.  155. 


151]    Development  of  Religious  Liberty  in  the  18th  Century.    69 

of  Massachusetts  under  the  charter,  as  we  have  seen,  was  that 
requiring  every  town  to  have  and  support  an  orthodox  minister. 
The  power  of  choosing  the  minister  was,  at  first,  put  into  the 
hands  of  the  voters  of  the  town.  It  was  pointed  out  in  a  pre- 
vious chapter,  also,  that  the  religious  element  was  prominent 
in  laying  out  the  first  Xew  England  towns.  The  town 
centered  about  the  church.  Ability  to  maintain  a  church  and 
support  a  minister,  made  a  community  worthy  of  municipal 
privileges.  In  many  cases  the  church  was  the  town.  There 
was  no  chance  for  friction  between  the  two.  Ecclesiastical 
and  civil  alFairs  were  regulated  by  the  same  voters.  This 
system  served  its  purpose  well  in  the  early  history  of  New 
England.  The  town  voters  were  Puritans;  they  formed  a 
church.  Congregational  in  government,  Calvinistic  in  doctrine. 
Under  the  Charter  of  1691  the  Plymouth  colony  towns 
came  under  the  jurisdiction  of  Massachusetts.  Among  these 
was  the  town  of  Swansea.  Here  the  Baptists  were  in  the 
majority.  As  early  as  1667  the  Plymouth  Court  allowed  the 
Baptists  to  establish  themselves  at  this  place.  Their  church 
government  was  congregational.  They  chose  their  pastor  and 
probably  supported  him  by  voluntary  contributions,  which  was 
allowed  under  the  law  of  1657.  "When  they  were  under 
the  government  of  Plymouth  Colony,"  says  Backus,  "  their 
ministers  were  treated  as  regular  ministers."  ^  Here  was  a 
town  regularly  and  deliberately  selecting  and  supporting  a 
pastor  who,  in  the  eyes  of  the  Puritans,  was  little  better  than 
a  heretic ;  and  it  was  all  done  legally.  Massachusetts  did  not 
like  it;  she  opposed  it,  and  in  1693  tried  to  force  a  Congrega- 
tional minister  upon  Swansea.  The  attempt  was  not  success- 
ful ;  in  the  same  year  a  second  Baptist  church  was  organized 
in  the  town.  This  was  an  invasion  of  the  privileges  of  the 
Standing  Order ;  but  such  invasions  were  not  only  possible  but 
probable  under  the  town  church  system.  Swansea  was  an 
index  of  what    was   in   store  for   the  state   church.     Could 


^Backus,  Nevj  England  Church  History,  p.  127. 


70  Church  and  State  in  New  England.  [152 

the  good  Puritans  have  looked  forward  about  a  century  and 
a  half,  they  would  have  found  many  more  towns  like  Swansea 
introducing  ministers  of  a  creed  different  from  that  of  the 
Congregational.  The  first  church  of  old  Plymouth  itself  was 
one  day  to  elect  a  pastor,  of  a  denomination,  with  which  Elder 
Brewster  and  his  congregation  would  not  fellowship.  Such 
were  the  possibilities  under  the  town-church  system  based  as  it 
was  upon  popular  suffrage. 

In  1719  a  second  attempt  was  made  to  force  a  Congrega- 
tional minister  upon  Swansea.  There  were  at  this  time  two 
Baptist  churches  there  and  three  ministers,  "  and  no  other 
religious  society  therein."  ^  The  attempt  was  not  successful. 
Swansea  remained  Baptist,  and  continued  a  standing  menace 
to  the  old  state  church. 

Church  and  town  stood  together  without  embarrassment  as 
long  as  all,  or  nearly  all,  of  the  inhabitants  of  the  town  made 
up  the  congregation  of  the  church.  Towns,  however,  grew 
rapidly,  and  it  was  not  long  before  many  of  them  were  large 
enou2;h  to  maintain  two  churches.  In  some  cases  two  churches 
were  very  desirable  for  convenience  and  other  reasons.  Ex- 
ceptions now  had  to  be  made  to  the  law  associating  the  town 
and  church.  Boston  was  made  one  of  the  exceptions  in  1693. 
By  1700  there  were  four  Congregational  churches  there.  The 
church  was  practically  divorced  from  the  town.  The  church 
members  in  full  standing  chose  the  pastor,  and  the  entire  con- 
gregation contributed  towards  his  support.  The  town-church 
system  was  broken  by  the  Congregationalists  themselves. 
There  was  now  chance  for  other  churches  to  build  up  in  Bos- 
ton. The  Baptists  improved  the  opportunity,  and  before 
1720  they  had  two  churches  there.  Nor  was  the  feeling 
between  them  and  the  Congregational  churches  any  more 
bitter  than  it  often  was  between  two  Congregational  churches. 
The  Half-way  covenant  divided  the  First  Church.  The  sece- 
ders  organized  the  Third.     There  is  evidence  that  the  First 


1  Backus,  p.  139. 


153]    Development  of  Religious  Liberty  in  the  18th  Century.    71 

Church  pastor  was  better  disposed  to  the  Baptists  than  to  his 
brethren  of  the  Third,  Churches  were  now  as  ready  to  wel- 
come dissenters  as  to  fellowship  with  some  congregations  of 
their  own  denominations.  That  this  prepared  the  way  to  a 
better  treatment  of  those  of  other  denominations,  there  can 
be  little  doubt. 

In  Connecticut  the  town  of  Windsor  was  divided  over  the 
selection  of  a  minister.  The  minority  party  was  allowed  by 
the  General  Court  to  organize  a  church  and  levy  taxes  for  its 
support. 

In  1669  the  church  of  Hartford  was  divided  by  the  Half- 
way covenant.  The  party  for  the  strict  Congregational  way, 
led  by  Mr.  Whiting,  asked  the  General  Court  for  permission 
to  organize  a  church.  Under  a  law  passed  in  the  same  year, 
as  we  have  seen,  any  body  of  persons  sound  and  orthodox  in 
the  fundamentals  of  religion  were  to  be  allowed  to  unite  in 
church  fellowship.  Mr.  Whiting  received  the  permission  and 
organized  the  second  church  of  Hartford.  The  next  step  was 
to  obtain  permission  for  those  who  attended  the  church  to  pay 
their  taxes  for  its  support.  This,  too,  was  granted.  So  early 
were  steps  taken  in  Connecticut  toward  allowing  its  citizens  to 
support  the  church  of  their  choice. 

In  the  first  quarter  of  the  eighteenth  century  the  breaks 
between  town  and  church  became  more  numerous.  Questions 
of  church  government,  doctrine,  matters  of  convenience  divided 
churches.  The  church  of  Andover  was  divided  over  a  ques- 
tion concerning  the  location  of  a  new  church  edifice.^  The 
dispute  between  the  two  factions  continued  for  several  years. 
The  General  Court  decided  it  by  dividing  the  town  into  two 
precincts  or  parishes.  Each  supported  a  minister  by  levying 
taxes.  The  town  of  Gloucester  was  divided  in  a  similar 
manner  for  the  purpose  of  sustaining  two  churches.  In  order 
to  comprehend  how  general  was  the  breaking  up  of  the  old 
town-church  system,  turn   to  the  index  of  Volume  YII  of 


^See  S.  L.  Bailey's  Historical  Sketches  of  Andover,  pp.  427-429. 


72  Church  and  State  in  New  England.  [154 

the  Records  of  Connecticut.  Under  the  item  Ecclesiastical 
Aifairs,  three-fourths  of  the  references  are  to  divisions  of 
towns  into  two  or  more  parishes,  because  of  the  need  of  addi- 
tional churches. 

The  General  Court  would  not  consent  to  make  these 
divisions  unless  a  strong  case  was  presented.  Many  petitions 
for  permission  to  build  a  second  church  were  denied.  In 
1712  the  people  of  Newbury,  Massachusetts,  decided  to  move 
their  meeting  house  two  miles  further  westward.  Those  who 
w^ere  at  the  time  living  near  the  old  church  opposed  the  plan. 
They  were,  however,  compelled  to  submit  to  the  wish  of  the 
majority.  The  minority  now  petitioned  the  General  Court  for 
permission  to  organize  a  second  church  in  the  vicinity  of  the 
old  one.  Their  petition  was  denied.  They  were,  therefore, 
obliged  to  attend  and  support  the  town  church.  There 
was,  however,  a  way  out  of  the  difficulty.  The  dissatisfied 
minority  became  members  of  the  Church  of  England,  and 
under  the  law  of  1708  organized  an  Episcopal  church.  As 
Episcopalians  they  were  compelled  to  support  the  church 
established  by  law.  But  exemption  laws  were  not  far  distant. 
Fifteen  years  after  the  Newbury  Episcopal  church  was  organ- 
ized, all  Episcopalians  were  exempted  from  contributing  to 
the  support  of  the  state  church.  The  break  between  church 
and  town  in  Newbury  as  in  many  other  towns  was  now  com- 
plete. This  gave  opportunity  to  bring  in  all  denominations 
on  a  nearly  equal  footing. 

In  addition  to  these  petitions  from  parts  of  a  town,  there 
were  often  applications  from  individuals  requesting  privilege 
to  attend  the  church  of  their  favorite  minister  and  contribute 
their  taxes  to  his  support.  These  requests,  too,  were  often 
granted.  Thus  the  Congregationalists  themselves  found  their 
laws  unsatisfactory.  They  petitioned  for  relief.  They  were 
continually  requesting  the  General  Court  for  permission  to 
attend  and  support  the  church  of  their  choice.  Is  it  a  wonder, 
then,  that  the  Baptists  and  Episcopalians  follow  their  example? 
The  way  was  open.     As  soon  as  dissenters  were  able  to  bring 


155]    Development  of  Religious  Liberty  in  the  ISth  Century.    73 

sufficient  pressure  to  bear  upon  the  General  Court,  the  same 
privileges  would  be  granted  to  them. 

The  colonization  of  New  Enghmd  was  not  to  be  left  entirely 
to  the  Puritan  Congregationalists.  Baptists,  Quakers  and 
Episcopalians  were  early  upon  the  territory  and  were  not  to  be 
rooted  out  by  hostile  legislation.  They  continued  to  increase 
because  of  persecution  and  in  spite  of  it.  Their  numbers, 
however,  were  not  so  large  that  they  could  command  the  in- 
dulgence of  an  unfriendly  state  church.  But  at  a  time  when 
that  church  had  lost  much  of  its  religion,  when  its  character 
was  weakened,  when  commerce  and  trade  were  enlarging  men's 
intellectual  horizon,  when  the  old  system  had  begun  to  break 
up,  at  such  a  time  the  dissenters,  with  strong  men  as  leaders, 
were  able  to  win  a  few  favors. 

By  the  year  1700  there  were  nine  Baptist  churches  in  New 
England.^  One  century  later  this  little  baud  of  Baptists  had 
grown  to  three  hundred  and  twelve  churches  and  twenty-three 
thousand  six  hundred  members.  They  were  comparatively 
few  but  their  vigorous  blows  struck  at  the  state  church,  made 
them  a  power  for  religious  liberty. 

The  Episcopalians  were  for  a  long  time  unable  to  get  a  foot- 
hold in  New  England.  During  the  time  of  Andros,  efforts 
had  been  made  to  impose  the  church  by  force  upon  the  people. 
This  did  not  succeed.  A  few  individuals  in  Western  Connecti- 
cut, still  fewer  in  Massachusetts  were  strengthened  in  the  faith, 
and  kept  it  alive  during  the  latter  part  of  the  seventeenth 
century.  It  was  not  until  the  organization  of  the  Society  for 
the  Propagation  of  the  Gospel  in  1701,  that  the  Episcopal 
church  took  root  and  became  firmly  established  in  New 
England.  Under  the  auspices  of  this  society  missionaries 
were  sent  to  America,  and  wherever  a  little  band  of  Episco- 
palians could  be  gathered,  there  a  minister  would  go  to  baptize 
and  encourage  the  people  to  hold  fast  and  hope  for  better  things. 
Here  and  there,  there  were  enough  Episcopalians  to  petition 

1  Backus,  iJ.  237. 


74  Church  and  State  in  Xew  England.  [156 

the  society  to  send  over  a  minister.  "  The  want  of  a  minister 
is  the  greatest  of  our  afflictions/'  wrote  the  Episcopab'ans  of 
Stratford  in  1711  to  Queen  Anne/  Bj  1708  Connecticut  had 
passed  her  Toleration  Act,  granting  liberty  of  conscience  to  all 
dissenters.  By  1722  a  society  was  firmly  established  and  pro- 
vision made  for  employing  a  regular  pastor.  In  1724  the  first 
Episcopal  church  edifice  in  Connecticut  was  built.^ 

In  the  eighteenth  century  Quakers,  Baptists,  Episcopalians 
were  no  longer  regarded  as  social  outlaws  as  in  former  years. 
Their  cause  had  been  dignified  by  the  men  of  high  character 
among  their  number.  Dunster,  a  Baptist,  was  for  some  time 
President  of  Harvard  College.  Rector  Cutler  of  Yale  College 
had  identified  himself  with  the  Episcopalians.  A  Quaker  had 
several  times  been  governor  of  Rhode  Island. 

What  shows  the  changed  sentiment  towards  dissenters,  par- 
ticularly the  Baptists,  is  the  ordination  at  Boston  in  1717. 
Dr.  Mather,  his  son  and  Mr.  John  Webb  were  invited  to 
assist  in  the  ordination  of  Mr.  Ellis  Callender  as  pastor  of  the 
Baptist  church  in  Boston.^  In  his  account  of  this  ordination 
Mr.  Backus  says  :  "  Dr.  Increase  Mather  wrote  a  preface  to  the 
ordination  sermon,  in  which  he  said,  '  It  was  a  grateful  sur- 
prise to  me  when  several  brethren  of  the  Antipaedobaptist 
persuasion  came  to  me,  desiring  that  I  would  give  them  the 
right  hand  of  fellowship  in  ordaining  one  whom  thev  had 
chosen  to  be  their  pastor.'  Dr.  Cotton  Mather  preached  the 
ordination  sermon,  in  which  he  spake  much  against  cruelties 
which  had  often  been  exercised  against  dissenters  from  the 
ruling  powers,  both  in  this  and  other  countries,  and  then  said, 
'  If  the  brethren  in  whose  house  we  are  now  convened,  met 
with  anything  too  unbrotherly,  they  with  satisfaction  hear  us 
expressing  our  dislike  of  everything  that  looked  like  persecu- 
tion in  the  days  that  have  passed  over  us.' " 


^  Beardsley's  Hislory  of  the  Episcopal  Church  in  Connecticut,  Vol.  I,  p.  26. 

*  Beardsley,  Vol,  I.  p.  52. 

^  Backus,  New  England  Church  History,  p.  137. 


157]    Development  of  Religious  Liberty  in  the  18th  Century.    75 

The  crowning  triumph  of  the  dissenters  was  the  victory  at 
Yale  College  in  1722,  when  Rector  Cutler  and  several  of  his 
associates  becomiug  convinced  "of  the  invalidity  of  the  Presby- 
terian ordination,  in  opposition  to  the  Episcopal,"  resigned 
their  positions  to  take  up  work  in  the  interests  of  the  Episcopal 
church.  It  gave  prestige  to  the  Episcopalians  and  humiliated 
the  Congregationalists.  In  a  letter  to  Cotton  Mather,  Joseph 
Webb,  of  Fairfield,  said  of  this  event :  "  They  are,  the  most 
of  them,  reputed  men  of  considerable  learning,  and  all  of 
them  of  a  virtuous  and  blameless  conversation.  I  appre- 
hend the  axe  is  hereby  laid  to  the  root  of  our  civil  and  sacred 
enjoyments,  and  a  doleful  gap  opened  for  trouble  and  confusion 
in  our  churches.  The  churchmen  among  us  are  wonderfully 
encouraged  and  lifted  up  by  the  appearance  of  these  gentlemen 
on  their  side ;  and  how  many  more  will,  by  their  example,  be 
encouraged  to  go  off  from  us  to  them,  God  only  knows.  It  is 
a  very  dark  day  with  us ;  and  we  need  pity,  prayei's,  and 
counsel."  ^  President  Woolsey  said  of  the  same  event,  "  I 
suppose  that  greater  alarm  would  scarcely  be  awakened  now, 
if  the  theological  faculty  of  the  college  were  to  declare  for  the 
Church  of  Rome,  avow  their  belief  in  Transubstantiation,  and 
pray  to  the  Virgin  Mary."  ^ 

The  minor  sects  were  just  beginning  to  manifest  their 
strength  early  in  the  eighteenth  century.  They  grew  rapidly, 
and  at  the  close  of  the  century  their  opposition  is  the  strongest 
force  operating  against  the  Standing  Order  in  behalf  of  religious 
liberty. 

The  condition  of  religion  in  New  England  at  the  beginning 
of  the  eighteenth  century  favored  the  development  of  freedom. 
The  pioneer  Puritans  were  fresh  from  the  struggles  of  the  great 
Reformation  in  Europe.  Provisions  for  religion  were  the  im- 
portant features  of  their  legislation.  It  was  asked,  in  all 
seriousness,  of  the  candidate  for  citizenship,  is  he  orthodox 
and  sound  in  the  fundamentals  of  Christian  religion.     That 

» Beardsley,  Vol.  I,  p.  39.  ^  Beardsley,  Vol.  I,  p.  29. 


76  Church  and  State  in  New  England.  [158 

question  is  not  asked  in  the  eighteenth  century ;  and  when 
asked  of  candidates  for  church  membership,  it  is  a  mere  form. 
The  state  church  had  become  degenerate.  It  was  brought 
about  largely  by  the  Half-way  covenant. 

One  of  the  chief  arguments  advanced  by  the  opposers  of  the 
Half-way  covenant,  was  that  its  adoption  would  bring  into  the 
church  a  large  number  of  unregenerate  persons ;  that  the 
moral  standing  of  the  members  would  be  lowered  and  the 
church  would  be  secularized.  Exactly  such  were  its  results. 
Those  who  had  been  baptized  in  infancy,  and  were  not  "  scan- 
dalous in  life,"  could  come  into  the  church  by  owning  the 
covenant.  Church  membership  became  very  common.  It  was 
difficult  to  say  just  what  was  meant  "by  scandalous  in  life." 
Some  ministers  put  a  very  liberal  construction  upon  the  words. 
The  line  of  demarcation  between  the  worthy  and  unworthy 
was  very  indistinct.  It  was  not  long  before  there  were  found 
among  church  members  some  whose  moral  character  was 
questionable,  and  others  who  were  known  to  be  guilty  of  serious 
crimes. 

The  Half-way  covenant  was  a  compromise  on  the  part  of 
the  church.  It  was  intended  to  bring  the  people  into  the 
church  though  not  in  full  communion.  It  was  designed  to  be 
merely  the  initial  step  to  church  membership.  But  one  com- 
promise prepared  the  way  for  another  and  deviations  from  the 
original  intent  of  the  covenant  became  common.  For  a  few 
years  the  distinction  between  the  members  in  full  communion 
and  those  in  the  Half-way  relation  was  kept  up.  The  former 
only  were  permitted  the  privileges  of  the  communion  table. 
In  the  beginning  of  the  eighteenth  century,  however,  Stoddard 
began  to  preach  the  doctrine  that  the  communion  table  was  a 
means  of  regeneration,  and  that  the  unregenerate  were  specially 
invited  to  come  to  it.  This  doctrine  spread  through  New 
England.  It  practically  gave  full  membership  to  all  who  had 
come  in,  in  the  Half-way  relation,  and  thus  secularized  the 
church.  Its  history  is  briefly  summed  up  by  the  Rev.  Isaac 
Backus,  in  the  following  words :  "  The  first  fathers  of  New 


159]    Development  of  Religious  Liberty  in  the  18th  Century.    7  7 

England  held,  that  each  believer  stands  in  the  same  relation  to 
his  children  as  Abraham  did  to  his  in  the  covenant  of  circum- 
cision ;  and  therefore  that  each  believer  had  a  right  to  bring 
his  children  to  baptism,  which  no  others  had.  But  forty  years 
after,  a  door  was  opened  for  those  who  had  been  baptized  in 
infancy,  and  were  not  scandalous,  to  bring  their  infants  to 
baptism,  though  none  were  to  come  to  the  ordinance  of  the 
supper  without  a  profession  of  saving  grace.  Yet  in  forty 
years  more,  an  open  plea  was  published,  before  described,  for 
all  baptized  persons  who  were  not  openly  scandalous,  to  come 
to  the  Lord's  supper,  as  well  as  to  bring  their  children  to  bap- 
tism. And  in  a  third  forty  years,  these  things  had  turned  the 
world  into  the  church,  and  the  church  into  the  world,  in  such 
a  manner  as  to  leave  very  little  difference  between  them."  ^ 

The  religion  of  the  old  Puritan  church  had  declined.  The 
Half-way  covenant  was  not  the  whole  cause  of  it.  The 
tendency  of  state  churchism  from  the  beginning  had  been 
towards  secularization.  Massachusetts  and  New  Haven  put 
a  distinct  premium  on  church  membership.  Can  it  be  doubted 
that  men  were  drawn  into  the  church  for  the  purpose  of  get- 
ting civil  privileges?  The  Half-way  covenant,  too,  was 
hailed  for  the  political  advantages  it  would  bring.  The  door 
of  the  church  was  opened  wide.  A  throng  pushed  in  ;  no 
selection  was  made  or  could  be  made.  The  town  was  formerly 
merged  in  the  church,  now  the  church  was  merged  in  the 
town. 

The  condition  of  religion  in  New  England  at  the  beginning 
of  the  eighteenth  century  may  be  gathered  from  the  writings 
of  that  day.  In  the  election  sermon  at  Boston,  May  1 6, 1683, 
the  Rev.  Samuel  Torry,  of  Weymouth,  said  :  "  There  is 
already  a  great  death  upon  religion,  little  more  left  than  a 
name  to  live ;  the  things  which  remain  are  ready  to  die,  and 
we  are  in  great  danger  of  dying  together  with  it.  This  is 
one  of  the  most  awakening  and  humbling  considerations  of 

^  Backus,  New  England  Church  History,  p.  150. 


78  Church  and  State  in  Neiv  England.  [160 

our  present  state    and    condition.       Oh !    the    many    deadly 
symptoms  of  death  that  are  upon   our   religion  !     Consider 
we,  then,  how  much  it  is  dying  respecting  the  very  being  of 
it,  by  the  general  failure  of  the  work  of  conversion  ;  whereby 
only  it  is  that  religion  is  propagated,  continued  and  upheld, 
in  being  among  any  people.     As  conversion  work  doth  cease, 
so  religion  doth  die  away ;  though  more  insensibly,  yet  most 
irrecoverably."  ^     In  1697  Dr.  Increase  Mather  wrote  :    "  Dr. 
Owen  has  evinced,  that  the  letting  go  this  principle,  that  par- 
ticular churches  ought  to  consist  of  regenerate  persons,  brought 
in  the  great  apostasy  of  the  Christian  churcli.     The  way  to 
prevent  the  like  apostasy  in  these  churches  is  to  require  an 
account  of  those  who  oifer  themselves  to  communion  therein 
concerning  the  work  of  God  on  their  souls,  as  well  as  con- 
cerning their  knowledge  and  belief."  ^     Three  years  later  he 
wrote :     "  If  the  begun  apostasy  should  proceed  as  fast  the 
next  thirty  years,  as  it  has  done  these  last,  surely  it  will  come 
to  that  in  New  England,  (except  the  Gospel  itself  depart  with 
the  order  of  it),  that  the  most  conscientious  people  therein 
will  think  themselves  concerned  to  gather  churches  out  of 
churches."     Mr.  Backus  quotes  the  following  from  a  book 
published  in  1700  by  Mr.  Willard  :     "  It  hath  been  a  frequent 
observation,  that  if  one  generation  begins  to  decline,  the  next 
that  follows  usually  grows  worse,  and  so  on,  until  God  pours 
out  His  spirit    again    upon    them.     The    decays    M'hich    we 
already  languish  under  are  sad ;  and  what  tokens  are  on  our 
children,  that  it    is    like   to   be   better    hereafter?     God    be 
thanked  that  there  are  so  many  among  them  who  promise 
well ;  but,  alas  !  how  doth  vanity,  and  a  fondness  after  new 
things  abound  among  them  ?     How  do  young  professors  grow 
weary  of  the  strict  profession  of  their  fathers,   and  become 
strong  disputants   for  those  things  which  their    progenitors 
forsook  a  pleasant  land  for  the  avoidance  of !  "  ^ 


1  Backus,  p.  128.  «  Backus,  p.  129.  ^  Backus,  p.  129. 


161]    Development  of  Religious  Liberty  in  the  18th  Century.    79 

With  so  great  a  departure  from  the  piety  of  the  early  New 
England  church,  there  \yas  not  likely  to  be  that  jealousy  of  dis- 
senters which  formerly  existed.  The  Puritans  were  no  longer 
to  be  charged  with  ecclesiastical  exclusiveness.  They  were 
not  sufficiently  interested  in  their  religion  to  guard  it  so  care-' 
fully.  The  dissenting  sects,  still  few  in  number  but  growing 
rapidly,  took  advantage  of  these  conditions,  and  petitioned  for 
privileges  which  they  soon  obtained.  They  were  not  strong 
in  any  of  the  colonies  when  they  began  to  petition  for  exemp- 
tion from  contributing  to  the  support  of  the  ministers  of  the 
Standing  Order.  In  Massachusetts  the  Baptists  were  the 
leading  sect,  but,  as  said,  they  had  only  nine  churches  in  all 
New  England  in  1700.  In  Connecticut  the  Episcopalians 
were  the  strongest,  but  they  did  not  begin  to  exhibit  any 
strength  untiJ  long  after  the  colony  had  passed  its  toleration 
law  of  1708.  In  New  Hampshire  there  were  no  churches  of 
the  minor  sects  in  the  early  part  of  the  eighteenth  centur3^ 
Backus  says  that  there  was  no  Baptist  church  in  this  colony 
in  1740.  Rhode  Island's  population  was  a  mixture  of 
Quakers,  Baptists  and  Episcopalians.  The  Episcopalians 
claimed  to  have  been  the  leading  sect  and  to  have  been  the 
pioneers  of  church  order.  Whitfield  erroneously  speaks  of 
the  Episcopalian  as  the  established  church  of  Rhode  Island. 
It  is  probable,  however,  that  the  larger  part  of  Rliode  Island's 
population  was  Ba]itist. 

Though  the  dissenters  were  not  numerous,  yet  so  favorable 
were  the  conditions  that  religious  liberty  was  destined  to 
advance  early  in  the  eighteenth  century.  This  was  the  period 
of  exemption  laws.  The  descendants  of  the  Puritans  were 
ready  to  admit  the  right,  at  least,  of  dissenters  to  contribute 
their  taxes  for  the  support  of  their  own  churches.  They 
passed  laws  exempting  them  from  supporting  the  state  church. 
But  the  laws  were  purposely  made  impracticable.  Neither 
Baptists,  Quakers  nor  Episcopalians  found  much  relief  in 
them.  They  required  the  dissenter  to  furnish  a  certificate 
from  the  church  with  which  he  was  identified.     They  empow- 


80  Church  and  State  in  New  England.  [162 

ered  the  assessor  to  omit  to  tax  those  who  were  known  to  have 
furnished  the  necessary  certificates  and  to  be  entitled  to  exemp- 
tion. In  this  respect  the  laws  were  carelessly  carried  out. 
The  assessor  would  often  fail  to  omit  Baptists,  Quakers  or 
^Episcopalians  from  his  list,  and  consequently  they  were  taxed. 
Objection  could  be  made ;  appeals  to  the  courts  could  be 
taken,  but  in  such  cases  the  poor  dissenter  had  little  prospect 
of  gaining  his  point.  And  in  order  to  preserve  the  few 
benefits  that  the  exemption  laws  did  confer,  petitions  for  their 
renewal  had  to  be  sent  in  to  the  General  Court  every  time  the 
laws  expired.  In  spite  of  all  these  difficulties,  the  exemption 
laws  must  be  regarded  as  a  long  step  toward  freedom.  They 
were  an  admission  of  the  right  of  exemption  claimed  by  dis- 
senters. And,  although  petitions  had  to  be  gotten  up  for  their 
renewal,  yet,  after  the  laws  had  once  been  made,  their  renewal 
was  never  desired,  and  latterly  was  given  unsolicited.  Diffi- 
culties with  certificates  and  tax  lists  were  mere  matters  of 
administrative  detail,  and  their  defects  could  easily  be  cor- 
rected. 

The  progress  of  religious  liberty  in  Massachusetts  was  very 
gradual.  The  Episcopalians  were  the  first  to  be  favored.  In 
1627  it  was  found  that  the  laws  taxing  all  for  the  state  church 
were  working  hardship  to  certain  members  of  the  Church  of 
England  ;  it  was,  therefore,  enacted,  that  in  the  future  they  be 
permitted  to  pay  their  taxes  to  their  own  minister,  provided 
there  is  one  in  the  town.^  This  law  was  limited  to  five  years. 
It  was  re-enacted  in  1735  and  continued  for  five  years  more.^ 
In  1742  it  was  again  renewed,  and  no  time  limit  put  upon  it.^ 

The  next  to  be  favored  were  the  Baptists  and  Quakers.  In 
1728  the  polls  of  Baptists  and  Quakers  were  exempted  for 
five  years.  In  the  following  year  the  polls  a7id  estates  of 
members  of  these  two  sects  were  exempted.  In  1737  the  law 
in  behalf  of  the  Quakers  was  re-enacted  and  continued  for  ten 


^Province  Laws,  1727-8,  Chap.  VII. 

''Laws,  1735-6,  Chap.  XV.  ^Laivs,  1742-3,  Chap.  VIII 


163]    Beveloj^ment  of  Religious  Liberty  in  the  18th  Century.    8 1 

years.     For  the  Baptists  the  law  was  renewed  in  1740  and 
continued  for  ten  years.     The  period  of  the  great  awakening 
is  marked  by  no  important  changes  in  the  exemption  laws. 
They  are  continued  as  before.     The  law  of  1747,  exempting 
both  Baptists  and  Quakers,  was  taken  up,  and  passed  without 
any  petition  requesting  its  renewal.     Had  this  not' been  done, 
the  Baptists  would  have  brought  their  grievances  before  the 
King.     They  were  on  the  point  of  doing  so  because  of  the 
difficulties  placed  in  their  way  in  taking  advantage  of  the 
laws.     It  certainly  was  difficult  for  the  dissenters  to  conform 
to  the  details  required  of  them.     There  were,  doubtless,  many 
cases  of  persecution  under  the  laws.     Hovey,  in  his  Life  and 
Times  of  Isaac  Bachis,  cites  numerous  instances.     He  says 
that  dissenters  were  forced  to  pay  rates,  their  property  was 
seized,  and  their  persons  were  cast  into   prison.     The  laws 
were  fair  enough,  but  tiiey  were  too  often  maliciously  executed. 
The   irregularities,   however,   were    not   all    on   one  side. 
During  the  years  of  the  great  awakening,  the  Separate  churches 
that  were  organized,  petitioned  for  the  privileges  enjoyed  by 
other  disseuters.     These  privileges  the  court  did  not  choose  to 
give.     In  order  to  cut  loose  from  the  Standing  Order  and  to 
maintain    their  own   churches,   without  contributing   to    the 
support  of  both,  these  Separatists  organized  nominal  Baptist 
churches  and  claimed  exemption.     To  protect  itself  from  this 
irregularity,  the  colony  had  to  make  the  laws  for  the  exemption 
of  Baptists  more  rigorous.     Accordingly  the  Act  of  1752 
provided  :  "  That  no  person  for  the  future  should  be  esteemed 
to  be  an  Anabaptist,"  "  but  such  whose  names  are  contained 
in  the  lists  taken  by  the  assessors,  or  such  as  shall  produce  a 
certificate,  under  the  hands  of  the  minister  and  of  two  principal 
members  of  such  church,  setting  forth  that  they  conscientiously 
believe  such  person  or  persons  to  be  of  their  persuasion,"  ^  etc. 
It  was  also  provided  "  that  no  minister  nor  the  members  of 
any  Anabaptist  church,  as  aforesaid,  shall  be  esteemed  quali- 

1  Acts  and  Resolves  of  the  Province  of  Massachusetts  Bay,  1752-3,  Chapter  15. 

6 


82  Church  and  State  in  New  England.  [164 

fied  to  give  such  certificates^  as  aforesaid,  other  than  such  as 
shall  have  obtained  from  three  other  churches,  commonly 
called  Anabaptists,  in  this  or  the  neighboring  provinces,  a 
certificate  from  each  respectively,  that  they  esteem  such  church 
to  be  one  of  their  denomination,  and  that  they  conscien- 
tiously believe  them  to  be  Anabaptists,"  etc.  This  law  pressed 
hard  upon  the  Baptists,  and  they  made  a  vigorous  remonstrance 
against  it.  It  is  the  only  law  made  in  Massachusetts,  that 
owes  its  origin  directly  to  the  great  awakening.  In  1757  an 
exemption  law  similar  to  those  of  preceding  years  was  enacted; 
it  continued  for  thirteen  years.'  There  were  the  same  objections 
to  this  law.  Dissenters  could  not  obtain  justice  because  of 
the  administrative  difficulties  placed  in  their  way.  "  Xo 
tongue  or  pen,"  says  Mr.  Backus,  "  can  fully  describe  all  the 
evils  that  were  practiced  under  the  last  law."^  In  1770  ex- 
emption laws  were  again  passed  in  favor  of  dissenters.  The 
certificate  svstem,  so  objectionable  to  all  sects,  was  still  retained. 
The  law  differed  otherwise  but  little  from  the  old  laws ;  the 
slight  changes  were  in  favor  of  the  dissenters. 

During  the  early  period  of  our  struggle  with  Great  Britain 
efforts  were  made  to  enlist  the  sympathy  of  the  Continental 
Congress  in  behalf  of  the  dissenters  of  Massachusetts.  Very 
little  was  accomplished.  A  resolution  of  sympathy  was  passed 
by  the  Provincial  Congress  that  met  in  Cambridge  in  Decem- 
ber 1774.  Further  than  this,  nothing  was  gained ;  and  it  is  a 
question  whether  the  cause  of  the  Baptists  was  not  injured  as 
sinister  designs  were  said  to  have  prompted  their  appeal  to 
Congress.^  There  can  be  no  doubt  that  the  dissenters  had  a 
great  amount  of  trouble  to  avail  themselves  of  the  exemption 
laws  enforced,  as  they  were,  in  many  cases,  by  prejudiced 
officers.  At  a  later  period  when  Massachusetts  permitted 
ministers  of  dissenting  sects  to  recover  from  the  town  treasurer 


^Ads  and  Eesolves,  1757-8,  Chapter  19. 
*Hovey,  Life  and  Times  of  Isaao  Backu.%  p.  172. 
3  Hovey,  Life  and  Times  of  Backus,  p.  214. 


165]    Development  of  Religious  Liberty  in  the  18th  Century.    83 

the  taxes  paid  by  dissenters  for  the  support  of  the  church,  the 
execution  of  the  law  rendered  it  practically  useless.  Buck  men- 
tions an  instance  in  which  "it  required  fourteen  suits  at  law 
before  a  town  ti'easurer  yielded  the  taxes/'  and  also  another  in 
which  it  required  "  an  expense  of  one  hundred  dollars  and  four 
years  time  to  get  four  dollars  out  of  his  hands  for  the  use  of  a 
Baptist  minister."^  There  were,  therefore,  very  substantial 
reasons  for  amending  the  laws. 

It  is  interesting  to  see  just  what  arguments  were  used  against 
the  certificate  system.  They  are  all  based  on  the  theory  that 
church  and  state  should  be  independent  of  each  other.  They 
are  clearly  stated  in  an  appeal  to  the  public  for  religious  liberty. 
As  given  by  Hovey  they  are  : 

"  (1)  Because  to  give  certificates  implies  an  acknowledgment 
that  civil  rulers  have  a  right  to  set  up  one  religious  sect  above 
another  ;  which  they  have  not. 

'''  (2)  Because  civil  rulers  are  not  representatives  in  religious 
matters,  and  therefore  have  no  right  to  impose  religious  taxes. 

"  (3)  Because  such  practice  emboldens  the  actors  therein  to 
assume  God's  prerogative;  and  to  judge  the  hearts  of  those 
who  do  not  put  into  their  mouths. 

"  (4)  Because  the  church  is  to  be  presented  as  a  chaste  virgin 
to  Christ ;  and  to  place  her  trust  and  love  upon  any  other  for 
temporal  support  is  playing  the  harlot,  and  so  the  way  to  de- 
stroy all  religion. 

"(5)  Because  the  practice  tends  to  envy,  hypocrisy  and  con- 
fusion, and  so  to  the  ruin  of  civil  society."  ^ 

After  the  Declaration  of  Independence  Massachusetts  pro- 
ceeded to  adopt  a  new  constitution.  It  was  framed  by  the 
General  Court  in  1777,  and  referred  to  the  next  court  for 
adoption.  One  of  its  articles  provided  for  the  restoration  of 
many  of  the  old  eccleisastical  laws.  Powerful  opposition  to 
this  article  was  made  by  the  Baptists  and  others.     The  whole 


^  Buck's  3Iassachuseits  Ecclesiastical  Law,  p.  43. 
*  Hovey,  Life  and  Times  of  Isaac  Backus,  p.  1 95. 


84  Church  and  State  in  New  England.  [166 

constitution  was,  however,  rejected.  In  1779  a  convention 
called  to  frame  a  constitution,  prepared  the  one  that  was 
adopted.  It  contained  the  following  article  in  its  Bill  of 
Rights : 

''As  the  happiness  of  a  people,  and  the  good  order  and 
preservation  of  civil  government,  essentially  depend  upon 
piety,  religion  and  morality ;  and  as  these  cannot  be 
generally  diffused  through  a  community  but  by  the  institu- 
tion of  the  public  worship  of  God,  and  of  public  instructions 
in  piety,  religion  and  morality;  therefore,  to  promote  their 
hai)piness,  and  to  secure  the  good  order  and  preservation  of 
their  government,  the  people  of  this  Commonwealth  have  a 
right  to  invest  their  Legislature  with  power  to  authorize  and 
require,  and  the  Legislature  shall,  from  time  to  time,  authorize 
and  require  the  several  towns,  parishes,  precincts,  and  other 
bodies  politic  or  religious  societies,  to  make  suitable  provision, 
at  their  own  expense,  for  the  institution  of  the  public  worship  of 
God,  and  for  the  support  and  maintenance  of  public  Protestant 
teachers  of  piety,  religion  and  morality,  in  all  cases  where  such 
provision  shall  not  be  made  voluntarily. 

"And  the  people  of  this  Commonwealth  have  also  a  right 
to,  and  do,  invest  their  Legislature  with  authority  to  enjoin 
upon  all  the  subjects  an  attendance  upon  the  instructions  of  the 
public  teachers  aforesaid,  at  stated  times  and  seasons,  if  there 
be  any  on  whose  instructions  they  can  conscientiously  and 
conveniently  attend. 

"  Provided,  notwithstanding,  that  the  several  towns,  par- 
ishes, precincts,  and  other  bodies  politic,  or  religious  societies, 
shall,  at  all  times,  have  the  exclusive  right  of  electing  their 
public  teachers,  and  of  contracting,  with  them  for  their  sup- 
port and  maintenance. 

"And  all  moneys  paid  by  the  subject  to  the  support  of 
public  worship,  and  of  the  public  teachers  aforesaid,  shall,  if 
he  require  it,  be  uniformly  applied  to  the  support  of  the  public 
teacher  or  teachers  of  his  own  religious  sect  or  denomination : 
Provided,   there  be  any  on  whose   instructions  he  attends; 


167]    Development  of  Religious  Liberty  in  the  18th  Century.    85 

otherwise  it  may  be  paid  toward  the  support  of  the  teacher  or 
teachers  of  the  parish  or  precinct  in  which  the  said  moneys 
are  raised. 

"And  every  denomination  of  Christians,  demeaning  them- 
selves peaceably  and  as  good  subjects  of  the  Commonwealth, 
shall  be  equally  under  the  protection  of  the  law;  and  no 
subordination  of  any  one  sect  or  denomination  to  another 
shall  ever  be  established  by  law."  ^ 

This  article  met  with  great  opposition,  but  it  embodied  the 
opinion  of  the  majority  of  the  convention,  and  hence  was 
adopted.  The  old  state  church  still  stood  and  triumphed. 
Another  half  century  was  to  roll  over  its  head  before  Massa- 
chusetts could  entertain  entire  religious  freedom. 

Turning  to  Connecticut,  we  find  the  history  of  religious 
liberty  similar  to  its  history  in  Massachusetts.  The  early 
part  of  the  eighteenth  century  is  characterized  by  exemption 
laws.  In  1708  Connecticut  passed  its  Act  of  Toleration.  It 
provided  that  all  persons  who  soberly  dissented  from  the 
worship  and  ministry  established  by  law,  were  to  be  allowed 
liberty  of  conscience.  This  law,  however,  did  not  exempt 
any  one  from  contributing  toward  the  support  of  the  Standing 
Order,  the  Congregational  church.  The  first  exemption  law 
was  enacted,  as  in  Massachusetts,  in  1727.  It  was  in  favor  ot 
the  Episcopalians.  It  was  five  years  after  Rector  Cutler  and 
his  associates  had  declared  for  the  Church  of  England  and 
only  four  years  after  the  first  Episcopal  church  w^as  organized 
in  Connecticut.  The  law  was  enacted  in  response  to  a  petition 
from  the  Episcopalians  of  Fairfield.  The  records  of  this 
year  say :  ^ 

"  Upon  the  prayer  of  Moses  Ward,  of  Fairfield,  church- 
warden, and  the  rest  of  the  church-wardens,  vestrymen  and 
brethren,  representing  themselves  under  obligation  by  the 
Honorable  Society  and  Bishop  of  London  to  pay  to  the  sup- 


^  Hough's  American  Constitutions,  Vol.  I,  p.  622. 
^  Colonial  Records  of  Connecticut,  May,  1727. 


86  Church  and  State  in  Neio  England.  [168 

port  of  the  Established  Church,  praying  this  Assembly,  by 
some  act  or  otherwise,  to  free  them  from  paying  to  dissenting 
ministers  and  for  the  building  dissenting  meeting-houses,  etc. 
''  Be  it  enacted  by  the  Governor,  Council  and  Representa- 
tives in  General  Court  assembled,  and  by  the  authority  of  the 
same,  That  all  persons  who  are  of  the  Church  of  England,  and 
those  who  are  of  the  churches  established  by  the  laws  of  this 
Government,  that  live  in  the  bounds  of  any  parish  allowed  by 
this  assembly,  shall  be  taxed  by  the  parishioners  of  the  said 
parish  by  the  same  rule  and  in  the  same  proportion,  for  the 
support  of  the  ministry  in  such  parish  ;  but  if  it  so  happen 
that  there  be  a  society  of  the  Church  of  England,  where  there 
is  a  person  in  orders  according  to  the  canons  of  the  Church 
of  England,  settled  and  abiding  amongst  them,  and  perform- 
ing Divine  service,  so  near  to  any  person  that  hath  declared 
himself  of  the  Church  of  England  that  he  can  conveniently 
and  doth  attend  the  public  worship  there,  then  the  collectors, 
having  first  indifferently  levied  the  tax  as  above  said,  shall 
deliver  the  taxes  collected  of  such  persons  declaring  themselves 
and  attending  as  aforesaid,  unto  the  minister  of  the  Church  of 
England  living  near  unto  such  persons ;  which  minister  shall 
have  full  power  to  receive  and  recover  the  same,  in  order  to 
his  support  in  the  place  assigned  to  him.     But  if  such  pro- 
portion of  taxes  be  not  sufficient  in  any  society  of  the  Church 
of  England,  to  support  the  incumbent  there,  then  such  society 
may  levy  and  collect  of  them  who  profess  and  attend  as  afore- 
said, greater  taxes  at  their  own  discretion,  for  the  support  of 
their  minister.     And  the  parishioners  of  the  Church  of  Eng- 
land, attending  as  aforesaid,  are  hereby  excused  from  paying 
any  taxes  for  building  meeting  houses  for  the  present  estab- 
lished churches  of  this  Government," 

The  law  seems  to  be  unusually  liberal,  for  in  response  to 
the  petition  for  Fairfield's  exemption,  a  general  law  was 
enacted.  But  Connecticut  was  not  ahead  of  her  time  in  reli- 
gious liberty.  Her  great  liberality  may  be  partially  explained 
by  the  fact  that  she  was  in  great  danger  of  losing  her  charter 


169]    Development  of  Religious  Liberty  in  the  18th  Century.    87 

at  this  time.  In  the  execution  of  the  law  she  made  up  for  her 
liberality.  The  law  said  that  the  Episcopal  ministers  must 
be  established  so  near  to  the  one  that  "hath  declared  himself 
of  the  Church  of  England  that  he  can  conveniently  and  doth 
attend  the  public  worship."  The  officers  claimed  that  by 
"  near  "  meant  about  two  miles.  According  to  this  interpre- 
tation the  law  applied  to  few  ;  those  who  came  from  neighbor- 
ing towns  to  attend  the  Episcopal  Church,  did  not  enjoy 
exemption  under  the  law.  Laws  similar  to  this  one  were 
enacted  in  1729  in  behalf  of  the  Quakers  and  Baptists,  and 
these,  too,  were  rigidly  enforced. 

The  period  of  the  great  awakening  was  a  time  of  general 
agitation  throughout  this  colony.  The  Saybrook  Platform, 
which  had  been  adopted  in  1 708,  established  a  semi-Presby- 
terian rather  than  a  strictly  Congregational  government. 
The  ecclesiastical  power  that  it  conferred  was  brought  into 
exercise  to  correct  the  disorders  incident  to  the  awakening. 
In  1641  a  ''Grand  Council"  of  ministers  and  laymen,  at  the 
suggestion  of  the  General  Court,  met  at  Guilford,  and  resolved  : 
"  That,  for  a  minister  to  enter  another  minister's  parish,  and 
preach  or  administer  the  seals  of  the  covenant,  without  the 
consent  of,  or  in  opposition  to  the  settled  minister  of  the 
parish,  is  disorderly,"  etc.^  In  the  following  year  the  legisla- 
ture enforced  the  decision  of  the  Council  by  "An  Act  for 
regulating  abuses  and  correcting  disorders  in  ecclesiastical 
aifairs."  It  provided  (1)  that  any  minister  that  should  enter, 
without  invitation  by  the  settled  minister  or  his  congregation, 
the  parish  of  another  to  preach  or  exhort,  should  be  denied  of 
the  benefit  of  any  law  enacted  for  the  support  and  encourage- 
ment of  the  ministry.  (2)  Every  member  of  an  association 
of  ministers  that  undertook  to  license  a  candidate  for  the 
ministry,  or  to  decide  ecclesiastical  disputes,  contrary  to  the 
provisions  of  the  Saybrook  platform,  should  suffer  the  same 
penalty.     (3)  The  offender  was  to  be  punished  without  trial ; 

^  Tracy,  The  Great  Awakening,  p,  303. 


88  Church  and  State  in  New  England.  [170 

the  iDformation  given  by  the  regular  parish  minister  or  any 
two  members  of  the  parish  committee  was  to  be  sufficient 
evidence.  (4)  Exhorters  were  to  be  punished  as  vagrants.^ 
This  is  one  of  the  laws  that  Connecticut  saw  tit  to  make  during 
the  period  of  the  great  awakening.  It  was  enacted  because  many 
ministers  of  the  Standing  Order  were  opposed  to  the  revival, 
and  many  others  not  opposed  to  it  recognized  the  disorders  to 
which  it  gave  rise.  As  a  church  the  Congregationalists  opposed 
the  revival.  Those  members  who  were  in  sympathy  with  it 
withdrew  from  the  church  to  organize  new  Congregational 
churches.  They  became  Separates.  They  at  once  claimed 
exemption  from  paying  to  the  support  of  the  church  which 
they  had  left.  This  exemption  was  denied.  The  Separates, 
thereupon,  as  in  Massachusetts,  organized  nominal  Baptist 
churches,  and  then  claimed  the  exemption  of  Baptists.-  In 
1743  the  General  Court  repealed  the  "Act  for  the  relief  of 
sober  consciences,"  of  1708.  Dissenters  had  now  to  obtain 
mere  toleration  by  special  act  of  the  legislature  ;  and,  of  course, 
special  acts  were  difficult  to  obtain.  Many  of  the  Separates 
refused  to  pay  taxes  for  the  old  church.  In  consequence,  their 
property  was  levied  upon  and  sold.  If  satisfaction  could  not 
thus  be  obtained,  they  were  arrested  and  committed  to  jail. 
They  were  now  looked  upon  as  martyrs,  and  won  the  sym- 
pathy of  their  fellows. 

The  differences,  too,  between  the  Separate  churches  and  the 
state  churches  gradually  vanished.  The  Separates  insisted 
upon  regeneration  as  a  qualification  for  church  membership. 
After  the  preaching  of  Jonathan  Edwards  had  caused  the  Half- 
way covenant  to  be  laid  aside,  the  state  churches  came  back 
to  their  earlier  standard.  This  left  no  practical  differences 
between  them  and  the  Separate  churches.  The  former  now 
proved  unfaithful  to  the  state.  With  slight  provocation 
church  after  church  repudiated  the   Saybrook   platform  and 


^Abstract  of  the  law  given  in  The  Great  Awakening,  p.  305. 


171]    Development  of  Religious  Liberty  in  the  18th  Century.    8  9 

identified  itself-with  the  Separates.     The  straggle  of  the  state 
with  these  churches  had  now  to  come  to  an  end. 

In  1 784  the  Saybrook  Platform  was  abrogated,  and  a  law 
containing  the  following  provisions  enacted  : 

(1)  No  person  soberly  and  conscientiously  dissenting  shall 
incur  any  penalty  for  not  attending  the  worship  and  ministry 
established  by  law. 

(2)  All  persons  who  belong  to  the  denominations  known  as 
Episcopal,  Congregational  (Separates),  Baptist  or  Quaker, 
and  those  who  usually  worship  with  societies  of  any  of  these 
sects,  shall  be  exempted  from  supporting  the  state  church. 

(3)  Societies  of  dissenting  sects  may  have  the  same  privi- 
leges of  supporting  their  ministers,  repairing  their  meeting- 
houses, etc.,  as  those  of  the  church  established  by  law. 

(4)  All  who  do  not  attend  and  help  to  support  a  society  of 
one  of  the  dissenting  sects  shall  be  taxed  for  the  support  of 
the  ministry  of  the  society  wherein  they  dwell. 

This  law  was  generous.  But  it  still  retained  the  old  Stand- 
ing Order;  it  required  certificates  of  dissenters;  it  taxed  every 
citizen  for  the  support  of  religion.  These  were  objections 
to  the  law,  and  they  must  be  removed  before  the  battle  for 
religious  liberty  in  Connecticut  would  cease. 

In  New  Hampshire  the  law  of  1714^  made  the  church  an 
institution  of  the  town.  This  law  was  "not  at  all  to  interfere 
with  her  Majesty's  grace  and  favor  in  allowing  her  subjects 
liberty  of  conscience ;"  "  all  such  as  conscientiously  dissented 
from  the  worship  established  by  law,"  and  "attended  the 
public  worship  of  God  on  the  Lord's  Day  according  to  their 
own  persuasion,"  were  to  be  "  excused  from  paying  towards 
the  support  of  the  ministry  of  the  town."  It  looks  very  fair, 
and  would  have  been  fair,  had  a  liberal  construction  been  put 
upon  it.  This  was  not  done;  everybody  was  taxed,  and 
whenever  a  dissenter  claimed  exemption  he  was  asked  to 
furnish  proof  that  he  was  a  dissenter.     At  every  point  his 

^  Quoted  in  the  Second  Chapter. 


90  Church  and  State  in  Xeic  England.  [172 

evidence  was  contested  by  the  state.  One  of  the  dissenters, 
to  prove  that  he  was  a  Baptist,  M-as  required  to  prove  that  he 
had  been  immersed.  It  was  not  until  the  nineteenth  century 
that  Baptists  and  others  were  recognized  as  distinct  sects.  Up 
to  this  time  it  was  assumed  that  all  were  to  be  taxed ;  each 
individual  had  to  fight  for  his  exemption. 

In  1784,  at  the  recommendation  of  the  Continental  Con- 
gress, Xew  Hampshire  reorganized  its  government.  In  the 
Bill  of  Rights  of  the  Constitution  adopted  was  an  article  that 
bade  fair  to  furnish  sufficient  protection  to  dissenters.  It  was 
similar  to  the  article  on  religous  liberty  in  the  constitution  of 
Massachusetts.  Each  closed  with  the  provision  that  "  no  sub- 
ordination of  any  sect  or  denomination  to  another  shall  ever 
be  established  by  law." 

In  spite  of  this  article,  however,  the  law  of  1714  was 
allowed  to  prevail.  In  1791  it  was  slightly  altered.  The 
power  of  settling  the  minister  and  taxing  for  his  support  was 
put  into  the  hands  of  the  selectmen  of  each  town.  The 
change  made  no  difference  to  the  dissenters ;  they  gained 
nothing  from  it.  Not  until  the  nineteenth  century  were  they 
to  get  the  religious  liberty  they  so  ardently  desired. 

The  ecclesiastical  history  of  Vermont  begins,  as  we  have 
seen  in  Chapter  II,  with  the  adoption  of  its  constitution. 
The  third  article  of  the  Bill  of  Rights  declared  "  that  no  man 
ought,  or  of  right  can  be  compelled,  to  attend  any  religious 
worship,  or  erect  or  support  any  place  of  worship,  or  main- 
tain any  minister  contrary  to  the  dictates  of  his  conscience," 

Honorable  Daniel  Chipmau,  says  in  his  Memoir  of  Thomas 
Chittenden  : 

"  The  framers  of  our  Constitution,  having,  as  suggested, 
founded  it  on  the  equal  rights  of  the  citizens,  and  having 
pretty  correct  notions  of  religious  liberty,  had  no  idea  of 
authorizing;  the  Legislature  to  tax  the  minor  sects  for  the 
benefit  of  the  Standing  Order,  yet  they  considered  that  as  all 
classes  of  the  community  had  a  common  interest  in  the  sup- 
port of  public  worship,  as  they  had  in  the  support  of  common 


173]    Development  of  Religious  Liberty  in  the  18th  Century.    91 

schools,  they  ouo^ht  to  contribute  iii  like  manner  for  its 
support.  And  they  authorized  the  Legislature  to  pass  laws 
to  enforce  the  observation  of  the  Sabbath,  and  to  tax  the 
people  for  the  support  of  public  worship,  trusting  that  they 
would  do  it  in  such  manner  as  to  aiford  no  just  ground  of 
complaint."  ^ 

In  1781  the  Legislature  authorized  towns  to  levy  taxes  on 
lands  within  their  limits  for  the  jjurpose  of  building  meeting- 
houses, school-houses  and  bridges.  In  1783  provision  was 
made  for  the  support  of  ministers.  The  law,  in  part,  is  as 
follows  : 

"  Whereas,  it  is  of  greatest  importance  to  the  community 
at  large,  as  well  as  to  individuals,  that  the  precepts  of  Chris- 
tianity and  rules  of  morality  be  publicly  and  statedly  inculca- 
ted on  the  minds  of  the  inhabitants ; 

"  Therefore,  be  it  enacted,  etc..  That  whenever  any  town  or 
parish  shall  think  themselves  sufficiently  able  to  build  a 
meeting-house,  or  settle  a  minister,  it  shall  be  the  duty  of  the 
town  or  parish  clerk,  on  application  of  seven  freeholders  of 
such  town  or  parish,  to  warn  a  town  or  society  meeting,  men- 
tioning the  time,  place  and  matter  to  be  debated,  giving  twelve 
days'  notice,  by  posting  the  same  at  the  most  public  place,  or 
places,  in  said  town  or  parish ;  and  that  two-thirds  of  the 
inhabitants  of  such  town  or  parish,  who  shall  meet  agreeable 
to  such  warrant,  being  legal  voters,  and  of  similar  sentiments 
with  respect  to  the  mode  of  worship,  shall  be  hereby  author- 
ized to  appoint  a  place  or  places  for  the  public  worship  of 
God,  and  fix  on  a  place,  or  places,  for  building  a  house  or 
houses  of  worship,  and  vote  a  tax,  or  taxes,  sufficient  to  defray 
the  expense  of  such  building,  or  buildings ;  and  also  to  hire, 
or  otherwise  agree  with,  a  minister,  or  ministers,  to  preach  in 
such  town  or  parish,  either  to  supply  such  town  or  parish  with 
preaching,  or  on  probation  for  settlement;  and,  further,  to 
vote  such  minister,  or  ministers,  such  settlement  or  settlements 

^  Becords  of  Governor  and  Council  of  Vermont,  Vol.  I,  Appendix  E. 


92  Church  and  State  in  New  England.  [174 

in  money,  or  otherwise,  as  to  them  shall  seem  equal ;  and  to 
vote  such  minister,  or  ministers,  such  annual  support  in  money, 
or  otherwise  (to  be  agreed  on  between  such  minister,  or  min- 
ister and  people),  as  shall  be  found  necessary ;  to  be  assessed 
on  the  polls  and  rateable  estates  of  persons  living  or  estates 
lying  within  the  limits  of  such  town  or  parish." 

By  the  same  law  provision  was  made  for  dissenters.  It 
said  :  "  Whereas,  there  are  in  many  towns  and  parishes 
within  this  state,  men  of  different  sentiments  in  religious 
duties,  which  lead  peaceable  and  moral  lives,  the  rights  of 
whose  conscience  is  not  to  control ;  and  likewise  some,  perhaps, 
who  pretend  to  differ  from  the  majority  with  a  design  to 
escape  taxation ; 

"  Therefore,  Be  it  enacted,  that  every  person,  or  persons, 
being  of  adult  age,  shall  be  considered  as  being  of  opinion 
with  the  major  part  of  the  inhabitants  within  such  town  or 
parish  where  he,  she  or  they  shall  dwell,  until  he,  she  or  they 
shall  bring  a  certificate,  signed  by  some  minister  of  the  Gospel, 
deacon  or  elder,  or  the  moderator  in  the  church  or  congrega- 
tion to  which  he,  she  or  they  pretend  to  belong,  being  of  a 
different  persuasion  ;  which  certificate  shall  set  forth  the  party 
to  be  of  their  persuasion ;  and  until  such  certificate  shall  be 
shewn  to  the  clerk  of  such  town  or  parish  (who  shall  record 
the  same),  such  party  shall  be  subject  to  pay  all  such  charges 
with  the  major  part  as  by  law  shall  be  assessed  on  his,  her  or 
their  polls  or  rateable  estate."  ^ 

As  in  the  other  New  England  states,  the  certificate  system 
for  dissenters  was  adopted,  and  it  met  with  the  same  opposi- 
tion. For,  in  many  of  the  towns  the  proportion  of  dissenters 
was  large.  The  objection  was  not  so  much  to  certificate  as  to 
the  principle  it  involved.  Backus  declared,  in  Massachusetts, 
that  to  give  a  certificate  was  an  acknowledgment  that  the  State 
did  of  right  control  in  church  matters.  The  same  view  pre- 
vailed in  Vermont;  for,  after  the  apparently  objectionable 


^  Records  of  the  Governor  and  Council  of  Vermont,  Appendix  E,  p.  401. 


175]    Development  of  Religious  Liberty  in  the  18th  Century.    93 

features  of  the  certificate  law  were  removed  the  opposition 
continued  as  great  as  ever.  Complete  separation  of  church 
and  state  was  what  was  wanted. 

Rhode  Island  never  had  a  state  church.  The  charter  of 
1663  made  religious  liberty  a  part  of  its  fundamental  law. 
It  would  not  tolerate  levying  taxes  for  the  support  of  religion. 
In  1716  there  were  rumors  that  movements  were  on  foot  to 
set  up  the  Episcopal  church.  A  law  was  at  once  made  that 
"what  maintenance  or  salary  may  be  thought  needful  or 
necessary  by  any  churches,  congregations,  or  societies  of  people 
now  inhabiting,  or  that  may  hereafter  inhabit,  within  any  part 
of  this  government,  for  the  support  of  their  or  either  of  their 
minister  or  ministers,  may  be  raised  by  free  contribution  and 
no  other  ways."  ^ 

Rhode  Island's  laws  are  said  to  have  disfranchised  Catholics 
for  many  years.  "All  men  (professing  Christianity)  and  of 
competent  estates,  and  of  civil  conversation,  who  acknowledge 
and  are  obedient  to  the  civil  magistrate,  though  of  different 
judgment  in  religious  affiiirs  (Roman  Catholics  excepted), 
shall  be  admitted  as  freemen."  These  are  the  words  that 
appear  in  one  of  the  laws  of  the  colony.  There  is  much  dis- 
pute about  the  words  in  parenthesis,  "Roman  Catholics 
excepted."  Arnold  claims  that  they  are  an  interpolation  made 
when  the  laws  were  compiled.^ 

In  the  period  from  1691  to  1787  we  have  noticed  four  main 
forces  operating  to  bring  about  the  separation  of  church  and 
state:  (1)  The  enlarged  commercial  and  industrial  life  of 
New  England  withdrew  the  colonists'  attention  from  religion. 
Material  prosperity  was  sought  for  at  the  expense  of  the  higher 
spiritual  prosperity.  In  the  early  period  the  preservation  and 
maintenance  and  extension  of  the  church  was  their  chief  con- 
cern.    In  the  eighteenth  century  less  attention  was  given  to 


1  Palfrey,  History  of  New  England,  Vol.  Ill,  p.  435. 

2  For  a  discussion  of  the  phrase,  see  Arnold's  History  of  Rhode  Island, 
Vol.  II,  pp.  491-6. 


94  Churoli  and  State  in  New  England.  [176 

the  church  and  religion  and  more  to  the  state  and  commerce. 
Keeping  out  dissenters  was  not  so  important  as  driviug  a  good 
baro-ain  with  them.  A  more  liberal  and  a  more  modern  sen- 
timent,  too,  was  brought  about  by  the  commercial  prosperity 
of  New  England  in  this  period.  (2)  The  breaking  up  of  the 
old  town-church  system  prepared  the  way  for  each  citizen  to 
support  the  church  of  his  choice.  Baptists  and  Episcopalians 
had  now  only  to  ask  for  privileges  already  granted  to  many 
of  the  Congregationalists.  (3)  The  dissenters  strengthened 
in  numbers,  guided  by  wise  leaders,  were  a  power  for  religious 
liberty.  The  state  with  its  church  had  to  make  one  concession 
after  another  to  them.  (4)  The  decline  in  religion  and  the 
secularization  of  the  church  weakened  the  cause  of  the  Standing 
Order,  an  event  of  which  the  more  vigorous  dissenting  sects 
were  not  slow  to  take  advantage. 


CHAPTER  Y. 

Developmext  of  Religious  Liberty  ix  the  Nine- 
teenth Century. — Dis-esta  blishment. 

Duriug  the  period  of  the  Revolution  the  dissenters,  par- 
ticularly, the  Baptists,  tried  to  make  it  appear  that  in  ecclesi- 
astical matters  they  were  suffering  what  the  Americans  were 
in  political.  It  was  claimed  that  they  were  taxed  without 
representation.  But  the  colonists  did  not  dispute  the  prin- 
ciple "  no  taxation  without  representation."  They  admitted 
that  dissenters  should  not  be  taxed  for  the  established  church. 
Exemption  laws  involving  the  principle  had  been  enacted. 
It  is  true  that  difficulties  were  put  in  the  way  so  that  a  dis- 
senter could  not  easily  take  advantage  of  the  laws.  But  the 
right  of  exemption  was  admitted ;  that  was  not  in  question  ; 
the  trouble  was  in  the  execution  of  the  laws.  Nothing,  there- 
fore, was  accomplished  by  appropriating  the  political  argument 
for  ecclesiastical  purposes. 

After  the  colonies  become  a  nation,  the  position  that  the 
United  States  took  upon  the  question  was  important.  It  did 
much  to  settle  the  question  in  the  states.  Religious  liberty 
was  much  discussed  in  the  state  conventions  called  to  ratify 
the  constitution.  The  constitution  itself  did  not  contain  a 
guaranty  of  religious  freedom.  "  No  religious  test  shall  ever 
be  required  as  a  qualification  to  any  office  or  public  trust 
under  the  United  States  "  was  all  that  it  provided  for.  But 
this  was  a  decided  improvement  upon  the  laws  of  the  colonies. 
In  all  of  them,  with  the  exception  of  Rhode  Island,  religious 
tests  were  required. 

95 


96  Church  and  State  in  Neio  England.  [178 

This  clause  of  the  constitution  provoked  great  discussion  in 
the  state  conventions.  In  the  North  Carolina  convention  a  dele- 
gate said,  "  Even  the  Pope  of  Rome  might  become  President 
of  the  United  States."  Nowhere  was  the  opposition  stronger 
than  in  the  enlightened  state  of  Massachusetts,  where  a  dele- 
gate said,  he  "shuddered  at  the  idea  that  Romanists  and 
pagans  might  be  introduced  into  office,  and  that  Popery  and 
the  Inquisition  may  be  established  in  America."  ^  AVhat  is 
of  importance  to  us  in  this  article  is,  that  it  brought  the  old 
question  of  religious  liberty,  in  another  form,  prominently 
before  all  the  people,  and  that  at  the  end  of  the  discussion, 
the  article  as  given,  became  one  of  the  fundamental  laws  of 
the  country.     So  much  was  the  gain  for  religious  liberty. 

But  this  is  not  all.  So  enlightened  had  the  people  become 
that  exemption  from  religious  tests  was  not  sufficient.  It  was 
good  as  far  as  it  went,  but  some  of  the  states  wanted  to  go 
farther.  Six  of  them  suggested  amendments  bearing  upon 
religion.  One  of  these  was  a  New  England  state.  New 
Hampshire  recommended  that  "Congress  shall  make  no  laws 
touching  religion,  or  to  infringe  the  rights  of  conscience." 
The  amendment  suggested  by  Virginia  is  better.  It  says  : 
"  That  religion,  or  the  duty  which  we  owe  to  our  Creator,  and 
the  manner  of  discharging  it,  can  be  directed  only  by  reason 
and  conviction,  not  by  force  or  violence ;  and,  therefore,  all 
men  have  an  equal,  natural  and  unalienable  right  to  the  free 
exercise  of  religion,  according  to  the  dictates  of  conscience; 
and  that  no  particular  religious  sect  or  society  ought  to  be 
forced  or  established  by  law  in  preference  to  others."  The 
complete  separation  of  church  and  state  is  here  advocated  as  a 
principle. 

The  result  of  these  amendments  suggested  by  the  states  was 
the    first   amendment  to    the   Federal    Constitution.     As    to 


1  Quoted  from  Elliot's  Debates,  by  Dr.  Philip  Schaff,  in  Church  and  State 
in  the  United  Slates,  Papers  of  the  American  Historical  Association,  Vol.  II, 
p.  408. 


179]    Development  of  Religious  Liberty  in  the  19th  Century.    97 

religion,  this  amendment  provides,  that  "  Congress  shall  make 
no  law  respecting  an  establishment  of  religion,  or  prohibiting 
the  free  exercise  thereof." 

This  was  the  only  course  the  Federal  government  could 
take.  The  reasons  for  it  are  plainly  pointed  out  by  Dr. 
Schaif.  He  says  :  "  The  Constitution  did  not  create  a  nation, 
nor  its  religion  and  institutions.  It  found  them  already  exist- 
ing, and  was  framed  for  the  purpose  of  protecting  them  under 
a  republican  form  of  government,  in  a  rule  of  the  people,  by 
the  people,  and  for  the  people.  Nearly  all  the  branches  of 
the  Christian  Church  were  then  represented  in  America.  New 
England  was  settled  by  Congregatioualists ;  Virginia,  the 
Carolinas  and  Georgia  by  Episcopalians;  New  York  by 
Dutch  Reformed,  followed  by  Episcopalians ;  Rhode  Island 
by  Baptists  ;  Pennsylvania  by  Quakers  ;  Maryland  by  Roman 
Catholics ;  while  Presbyterians,  Methodists,  Lutherans,  Ger- 
man Reformed,  French  Huguenots,  ^Moravians,  Mennonites, 
etc.,  were  scattered  through  several  colonies.  In  some  states 
there  was  an  established  church  ;  in  others  the  mixed  system 
of  toleration  prevailed.  The  Baptists  and  Quakers,  who  were 
victims  of  persecution  and  nurslings  of  adversity,  professed 
full  religious  freedom  as  an  article  of  their  creed.  All  colo- 
nies, with  the  effectual  aid  of  the  churches  and  clergy,  had 
taken  part  in  the  achievement  of  national  independence,  and 
had  an  equal  claim  to  the  protection  of  their  rights  and  insti- 
tutions by  the  national  government."  * 

"  Thus  Congress  was  led  by  Providence  to  establish  a  new 
system,  which  differed  from  that  of  Europe  and  the  colonies, 
and  set  an  example  to  the  several  states  for  imitation."^ 

Bv  the  time  the  Constitution  went  into  effect  the  dissentins: 
sects  bad  grown  strong  in  New  England.  With  all  the  influ- 
ence they  could  command,  they  kept  appealing  for  religious 


'  Church  and  State  in  the  United  States,  in  Papers  of  the  American  His- 
torical Association,  Vol.  II,  pp.  405-6. 
*  Idem,  p.  406. 

7 


98  Chureh  and  State  in  New  England.  [180 

liberty.  Exemption  laws  had  been  made  and,  of  late,  fairly 
enforced.  They  were  now  made  more  liberal  and  more  liberally 
enforced.  The  cry  for  religious  freedom  kept  up.  The  nine- 
teenth century  was  too  late  to  modify  exemption  laws  and 
correct  abuses.  Laws  governing  in  religious  matters  must  be 
swept  away  all  together.  The  states  gradually  recognized  it, 
and  submitted ;  Massachusetts  would  not  submit  until  under 
her  own  laws  her  favorite  church  was  torn  asunder,  and  the 
greater  part  turned  over  to  another  denomination.  But  a 
new  system  was  to  be  inaugurated.  Rhode  Island,  New  York, 
Virginia  and  the  Federal  government  had  taken  the  lead. 
The  other  states  must  fall  in  line  and  follow.  The  forces 
driving  to  this  course  were  no  longer  resistible. 

The  youngest  of  the  New  England  states  was  to  lead  all 
the  rest  in  the  dis-establishment  of  the  church. 

In  the  law  of  1783  that  enabled  towns  to  erect  meeting- 
houses and  support  muiisters  by  taxes,  provision  was  made 
for  dissentei's  as  has  been  pointed  out.  The  certificate  system 
was  adopted.  In  many  of  the  towns  the  large  number  belong- 
ing to  the  minor  sects,  made  no  little  opposition  to  this  system. 
The  legislature  was  at  length  prevailed  upon  to  modify  the 
law.  In  1801  the  following  law  was  passed:  That  every 
person  of  adult  age,  being  a  legal  voter  in  any  town  or  parish, 
shall  be  considered  as  of  the  religious  opinion,  and  sentiment 
of  such  society,  as  is  mentioned  in  said  act,  and  be  liable  to  be 
taxed  for  the  purpose  mentioned  in  said  act,  unless  he  shall, 
previous  to  any  vote,  authorized  in  and  by  said  act,  deliver 
to  the  clerk  of  said  town  or  parish,  a  declaration  in  writing, 
with  his  name  thereto  subscribed,  in  the  following  words,  to 
wit :  I  do  not  agree  in  religious  opinion,  with  a  majority  of  the 
inhabitants  of  this  town.^ 

This  was  certainly  a  very  liberal  law,  but  it  did  not  satisfy 
the  opposers  of  the  certificate  system.     For  it  was  not  the 


^  Records  of  the  Governor  and  Council  of  the  Stale  of  Vermont.     Appendix 
E,  p.  402. 


181]    Development  of  Religious  Liberty  in  the  19th  Century,    99 

system  that  was  so  offensive ;  it  was  the  principle  it  involved. 
The  opposition  grew  stronger  every  year.  Every  subsequent 
legislature  for  six  years  was  labored  with  to  repeal  the  law. 
In  1807  the  legislature  yielded.  Towns  were  deprived  of  the 
power  of  supporting  ministers  or  building  meeting-houses  by 
levying  taxes.  Religion  was  placed  upon  a  voluntary  basis ; 
it  was  left  entirely  to  the  individual ;  each  to  support  the  gos- 
pel and  to  worship  as  he  chose. 

Connecticut  was  the  next  state  to  declare  for  religious  lib- 
erty. She,  at  first,  approached  the  voluntary  system  as  nearly 
as  it  was  possible  without  adopting  it.  Individuals  were 
given  entire  freedom  to  attend  any  church  and  to  support  the 
church  of  their  choice.  Any  one  not  satisfied  with  the  Stand- 
ing Order  was  at  liberty  to  leave  and  attend  church  with  any 
other  denomination.     The  following  is  the  law  of  1791  : 

"  Be  it  enacted  by  the  Governor  and  Council,  etc.,  That  in 
future,  whenever  any  person  shall  differ  in  sentiments  from 
the  worship  and  ministry,  in  the  ecclesiastical  societies  in  this 
state,  constituted  by  law  within  certain  local  bounds,  and 
shall  choose,  to  join  himself  to  any  other  denomination  of 
christians,  which  shall  have  formed  themselves  into  distinct 
churches  or  congregations,  for  the  maintenance  and  support  of 
the  public  worship  of  God,  and  shall  manifest  such  his  choice, 
by  a  certificate  thereof,  under  his  hand  lodged  in  the  office  of 
the  clerk  of  the  society  to  which  he  belongs — such  persons 
shall  thereupon,  and  so  long  as  he  shall  continue  ordinarily,  to 
attend  on  the  worship  and  ministry  in  the  church  or  congre- 
gation, to  which  he  has  chosen  to  belong  as  aforesaid,  be 
exempted  from  being  taxed  for  the  future  support  of  the 
worship,  and  ministry  in  such  society." 

This  law  was  fair  to  dissenters.  The  state,  however,  still 
required  every  citizen  to  contribute  to  the  support  of  the  gos- 
pel. The  taxes  of  all  unconnected  with  any  church  were 
turned  over  to  the  Standing  Order,  and  the  struggle  continued. 

With  the  coming  in  of  the  nineteenth  century  a  new  order 
of  things  was  destined  to  appear.     The  old  charter  that  had 


100  Church  and  State  in  New  England.  []82 

served  as  the  fundamental  law  for  a  century  and  half,  was  to 
be  laid  aside.  There  was  a  conviction  among  the  citizens, 
that  it  had  outlived  its  day.  The  old  Federal  party  sup- 
ported by  the  Congregational  clergy  defended  the  charter 
against  all  attacks.  The  Republicans  were  rising  and 
claimed  that  under  the  current  order  they  were  not  treated 
fairly.  It  was  claimed  that  a  Republican  did  not  have  an 
equal  chance  with  a  Federalist  in  the  court  room  before  Feder- 
alist judges.  Eiforts  were  made  in  1804  to  call  a  convention 
to  frame  a  constitution.  These  efforts  failed  as  did  those  made 
in  1806.  The  old  question  of  religions  liberty  became  one  of 
the  issues.  The  dissenters  to  a  good  extent  allied  themselves 
with  the  Republicans.  "  The  old  Congregational  clergy  consti- 
tuted the  nucleus  of  the  dominant  party."  They  exercised  a 
controlling  influence  in  politics.  "The  ambitious  minority" 
says  Dr.  Lyman  Beecher,  "  early  began  to  make  use  of  the 
minor  sects  on  the  ground  of  invidious  distinctions ;  thus, 
making  them  restive.  So  the  democracy,  as  it  rose,  included 
nearly  all  the  minor  sects,  besides  the  Sabbath -breakers,  rum- 
selling  tippling  folks,  infidels,  and  rufip-scuif  generally  and 
made  a  dead  set  at  us  of  the  Standing  Order.  It  was  a  long 
time,  however,  before  they  could  accomplish  anything,  so 
small  were  the  sects  and  so  united  the  Federal  phalanx."  ^ 
The  "  long-time  "  came  to  an  end ;  the  " Federal  phalanx"  was 
obliged  to  make  some  concession  to  some  of  the  "  minor  sects  " 
in  order  to  get  their  support.  When  the  Phoenix  Bank  was 
chartered,  the  state  was  to  receive  a  bonus  of  fifty  thousand 
dollars.  It  was  suggested  that  the  money  be  divided  between 
Yale  College  and  the  Bishops'  Fund.  In  this  way  the  Epis- 
copalians were  to  be  conciliated.  For  some  reason  or  other, 
when  the  money  was  divided  the  Episcopalians  failed  to  get 
the  amount  intended  for  them.  They  thought  that  they 
were  deceived  by  the  party  in  power  and  now  allied  them- 
selves, to  a  man,  with  the  opposition.    This  made  the  opposing 

^  Autobiography  and  Correspondence  of  Lyman  Beecher,  Vol.  I,  p.  342. 


183]    Development  of  Religious  Libet^ty  in  the  19th  Century.    101 

minority  a  majority.  The  dissenting  sects  coalescing  with 
the  Republicans  formed  the  Toleration  party  and,  in  1817 
captured  the  state.  The  old  charter  was  abandoned.  In  1818 
a  new  constitution  was  adopted.  In  its  Bill  of  Rights  were 
incorporated  the  following  clauses  : 

"  The  exercise  and  enjoyment  of  religious  profession  and 
worship,  without  discrimination,  shall  forever  be  free  to  all 
persons  in  this  state,  etc. 

"  No  preference  shall  be  given  by  any  law  to  any  Christian 
sect  or  mode  of  worship." 

All  religious  denominations  were  now  upon  an  equality, 
and  religion  was  to  be  supported  by  voluntary  contributions. 

In  1792  New  Hampshire  amended  her  constitution,  but  the 
article  on  religion  in  the  Bill  of  Rights  was  left  uncliauged. 
Towns  were  still  permitted  to  make  provision  for  public  wor- 
ship and  to  support  it  by  taxes.  Up  to  this  time  the  Episco- 
palians were  the  only  ones  recognized  as  a  distinct  sect.  All 
others  were  assumed  to  belong  to  the  state  church,  and  all  were 
taxed,  unless  thev  could  establish  their  rig-ht  to  exemotion. 
Not  until  the  first  decade  of  the  nineteenth  century  did  New 
Hampshire  relax  her  Puritan  rigor.  In  1 804  she  consented 
to  recognize  the  Baptists  as  a  sect.  In  this  year  the  Legisla- 
ture passed  the  resolution  "  that  the  people  of  this  state, 
commonly  known  by  the  name  of  Free-will  Anti-pedo  Bap- 
tists' church  and  society,  shall  be  considered  as  a  distinct 
religious  sect  or  denomination,  with  all  the  privileges  as  such, 
agreeable  to  the  constitution." 

In  1805  a  similar  resolution  in  favor  of  the  Universalists 
was  passed ;  and  in  1807  one  in  favor  of  the  Methodists. 
After  the  passage  of  the  acts  exemption  under  the  laws  became 
practicable.  The  dissenters  were  no  longer  molested.  But 
the  struggle  against  the  state's  controlling  the  church  had 
begun.  Concessions  on  the  part  of  New  Hampshire  came  too 
late.  Not  religious  toleration  but  religious  freedom  Avas  to 
characterize  the  nineteenth  century.  In  1819  the  Toleration 
Act  was  brought  before  the  Legislature.     It  met  with  strenu- 


102  Church  and  State  in  New  England.  [184 

ous  opposition.  The  advocates  of  freedom,  however,  could 
point  to  the  example  and  experience  of  other  states.  Rhode 
Island,  Vermont,  Connecticut  and  the  Federal  government 
were  on  the  side  of  freedom.  Although  it  was  argued  that 
the  Toleration  Act  meant  "  a  repeal  of  the  Christian  religion," 
and  "the  abolition  of  the  Bible,"  it  was  passed,  and,  as 
Sanborn  says,  "  was  productive  of  little  evil  and  the  highest 
positive  good." 

In  the  year  following  the  dis-establishment  in  New  Hamp- 
shire came  the  separation  of  Maine  from  Massachusetts.  The 
battle  for  religious  freedom  had  already  been  fought  in  many 
places,  and  now  all  the  Xew  England  states,  except  Massa- 
chusetts, had  surrendered  the  right  of  controlling  the  church. 
Maine  could  not  go  back  to  the  old  practice ;  the  opposition 
was  too  great.  She  consequently  incorporated  the  following 
article  in  her  Bill  of  Rights  : 

"All  men  have  a  natural  and  unalienable  right  to  worship 
Almio-htv  God  accordino-  to  the  dictates  of  their  own  con- 
sciences ;  and  no  one  shall  be  hurt,  molested  or  restrained  in 
his  person,  liberty  or  estate,  for  worshipping  God  in  the 
manner  and  season  most  agreeable  to  the  dictates  of  his  own 
conscience,  nor  for  his  religious  professions  or  sentiments; 
provided,  he  does  not  disturb  the  public  peace,  nor  obstruct 
others  in  their  religious  worship  ;  and  all  persons  demeaning 
themselves  peaceably,  as  good  members  of  the  state,  shall  be 
equally  under  the  protection  of  the  laws,  and  no  subordina- 
tion nor  preference,  of  any  one  sect  or  denomination  to  another, 
shall  ever  be  established  by  law ;  nor  shall  any  religious  test 
be  required  as  a  qualification  for  any  office  or  trust  under  this 
state ;  and  all  religious  societies  in  this  stat€,  whether  incor- 
porate or  unincorporate,  shall  at  all  times  have  the  exclusive 
right  of  electing  their  public  teachers,  and  contracting  with 
them  for  their  support  and  maintenance."  ^ 


'  Hough,  Am&'ican  Constitviion,  Vol.  I,  p.  509. 


185]    Development  of  Religious  Liberty  in  the  19th  Century.    103 

The  Bill  of  Rights  of  the  Massachusetts  constitution  de- 
clared that  "  no  subordination  of  one  sect  or  denomination  to 
another  shall  ever  be  established  by  law." 

The  dissenters  were  bent  upon  making  the  most  of  this 
clause.  They  claimed  that  to  require  certificates  of  them,  for 
exemption  from  supporting  the  Congregational  church,  was 
subordinating  them  to  that  church.  They,  therefore,  proposed 
to  test  the  law. 

In  1781  several  dissenters  in  the  parish  of  East  Attleboro' 
were  taxed  as  usually.  A  Mr.  Balkom,  who  had  refused  to 
pay,  was  seized  for  his  tax.  He,  therefore,  brought  suit  for 
damages  against  the  assessors,  before  a  justice  of  the  peace. 
The  decision  was  given  in  favor  of  the  assessors.  The  case 
was  brought  upon  appeal  to  the  County  Court,  where  the  de- 
cision of  the  justice  was  reversed  and  a  judgment  rendered  in 
favor  of  Mr.  Balkom.  This  judgment  ought  to  have  settled 
the  certificate  matter ;  but  it  did  not.  It  was  kept  up  through- 
out the  state.  Buck  says  the  decision  in  Balkom's  case 
"  seems  to  have  been  local  in  its  influence."  ^  Backus  says, 
however,  that  it  settled  the  controversy  in  Attleboro',  and  was 
extensively  used  elsewhere.^ 

Other  efforts  were  made  by  the  dissenters  to  secure  justice 
under  the  Bill  of  Rights.  According  to  the  statutes  enacted 
under  it  individuals  might  direct  their  taxes  to  be  paid  to  any 
public  Protestant  teacher  of  piety,  religion  and  morality,  of 
their  own  sect,  provided  there  was  one  in  the  town,  on  whose 
instructions  they  attended.  A  Universalist  minister,  Mr. 
Murray,  brought  suit  under  this  law  to  recover  the  taxes 
which  his  parishioners  had  paid  into  the  town  treasury.  The 
state's  attorney  in  the  case  aimed  to  prove  that  a  minister 
"  who  denied  the  eternal  punishment  of  the  wicked  was  not  a 
teacher  of  '  piety,  religion  and  morality.'  "  '  The  decision  of 
the  Court,  however,  was  in  Mr.  Murray's  favor. 


^  Buck's  3IassachuseUs  Ecclesiastical  Law,  p.  41. 

'  Hovey's  Life  and  Times  of  Isaac  Backus,  p.  246.  *  Buck,  p.  40. 


104  Church  and  State  in  Neio  England.  [186 

In  1799  a  law  was  enacted  allowing  the  minister  of  a  dis- 
senting sect  to  recover  from  the  town  treasurer  the  taxes  that 
had  been  paid  for  the  support  of  religion  by  members  of  his 
congregation.^  A  Methodist  minister  tried  to  recover  his  share 
of  the  taxes  under  this  law,  but  he  failed  because  he  was  not 
"  settled."  He  had  preached  in  various  places,  from  Pittsfield 
to  Springfield,  and  consequently  the  law  did  not  touch  his 
case. 

A  few  years  later  a  peculiar  construction  was  put  upon  the 
law  that  allowed  individuals  to  support  any  public  teacher  of 
piety,  religion  and  morality.  The  Supreme  Court  decided  that 
ministers  of  unincorporated  societies  were  not  public  teachers. 
The  decision  affected  a  large  number  of  dissenting  societies 
but  few  of  wiiich  had  been  incorporated. 

All  these  difficulties  placed  in  the  way  of  religious  liberty, 
served  only  to  make  the  dissenters  more  zealous  in  their  oppo- 
sition to  any  state  interference  in  religious  matters.  They  were 
now  strong  and  well  organized  and  it  was  only  a  question  of 
a  short  time  when  the  church  establishment  would  be  over- 
thrown. 

In  1811  the  "religious  freedom"  act  was  passed.  It  was 
like  the  act  passed  in  Connecticut  twenty  years  before.  Under 
this  act  any  one  could  leave  the  Congregational  church  and 
attend  a  Baptist,  Episcopal  or  any  other  church.  His  taxes 
went  to  the  minister  whose  instructions  he  attended.  He, 
however,  had  to  file  a  certificate  with  the  town  clerk  that  he 
had  joined  a  new  society. 

In  1820  an  effort  was  made  to  amend  the  Bill  of  Rights  so 
as  to  include  the  provisions  of  the  religious  freedom  act  of 
1811.  An  amendment  to  this  effect  was  prepared  but  was 
rejected  by  a  large  majority. 

The  Unitarian  ascendency  is  the  last  chapter  in  the  history 
of  the  struggle  between  the  churches  and  state  in  Massachu- 
setts.    The  Bill  of  Rights  gave  to  the  parish  or  town  not  to 

1  Buck,  p.  41. 


187]    Development  of  Religious  Liberty  in  the  19th  Century.    1 05 

the  church  the  exclusive  right  of  electing  the  minister  and 
contracting  with   him   for  his   support.     "  This    well-meant 
provision  was  the  cockatrice's  Q^g  out  of  which  those  great 
judges,  Parker  and  Shaw,  successively  sitting  thereon,  after- 
wards hatched  dire  mischief  to  the  churches."^     The  Con- 
gregational church  of  ^Massachusetts  now  rested  on  popular 
suffrage.     Any  change,  therefore,  in  the  beliefs  and  opinions 
of  the  voters,  was  sure  to  manifest  itself  in  the  church,  and, 
particularly,  in  the  selection  of  a  pastor.    In  1818  it  happened, 
in  the  little  town  of  Dedham,  that  the  pastor  of  the  First 
church  resigned  to  accept  the  presidency  of  a  college.     The 
orthodox  Congregationalists  had  for  a  long  time  been  in  the 
majority  here,  and  the  town  was  supplied  with  a  Congrega- 
tional minister.     But  public  opinion  had  been  changing,  and 
it  was  here  first  learned  that  the  Standing  Order,  built  on 
popular  suffrage,  must  change  as  the  sentiment  of  the  people 
changes.    The  citizens  of^thejewn^  as  distinct  from  the  church, 
decided  to  exercise  the  rights  guaranteed  to  Ihem  under  the 
Bill  of  Rights  of  1780,  and  accordingly  chose  a  minister  for 
the  town.     They  elected  a  Unitarian.     The  majority  of  the 
church  true  to  Congregational  orthodoxy,  refused  to  accept 
the  new  minister.     The  matter  was  brought  to  the  Supreme 
Court  where  the  case  was  decided  in  favor  of  the  parish. 
"  Whatever,  said  Chief  Justice  Parker,  the  usage  in  settling 
a  minister,  the  Bill  of  Rights  of  1780  secures  to  towns,  not  to 
churches,  the  right  to  elect  the  minister  in  the  last  resort."  ^ 
The  Unitarian  minister  was  given  charge  of  the  parish.    Here 
was  a  Congregational  church,  the  state  church,  under  laws 
made  by  Congregationalists  themselves,  turned  over  to  a  sect 
with  which  the  early  Puritan  would  have  had  no  sympathy. 
To  the  Unitarians,  professing  a  doctrine  that  they  hardly 
dared  brino-  to  the  lisi-ht,  this  orthodox   church  with  all  its 
funds  was  transferred.     In  this  way  many  other  churches  of 
the  Standing  Order,  with  all  their  property,  were  turned  over 

^  Clias.  E.  Steven?,  Essay  on  Church  and  Parish.  ^  Buck,  p.  52. 


106  Church  and  State  in  Neio  England.  [188 

to  the  Unitarians.  The  first  church  of  old  Plymouth  itself 
was  in  this  way  made  Unitarian.  Bishop  Burgess  has  said 
that  in  1843  there  were  one  hundred  and  thirty  Unitarian 
Congregational  churches  in  Massachusetts  hardly  twenty  of 
which  were  Unitarian  in  their  origin.^ 

The  old  Calvinistic  state  church  that  had  withstood  all 
attacks  so  long,  was  now  superseded  in  many  places.  The 
reaction  of  the  laws  intended  to  make  it  secure  had  brought 
on  its  ruin.  Massachusetts  was  now  willing  to  give  up  the 
struggle  it  had  carried  on  so  long.  In  1834  the  Bill  of  Rights 
was  amended,  and  "  the  ancient  policy  of  the  Commonwealth, 
derived  from  the  mother  country,  steadily  maintained  for  two 
hundred  years,  was  entirely  abandoned."  ^ 

During  the  last  period  there  have  appeared  two  forces  to  aid 
in  the  dis-establishment  of  the  chureh.  (1)  The  examples  set 
by  the  Federal  government,  and  by  many  of  the  states,  doubt- 
less had  great  weight  in  determining  the  future  policy  of  New 
England.  (2)  In  Massachusetts  the  change  in  the  belief  of 
the  citizens  manifested  itself  in  the  church.  Congregationalism 
began  to  give  way  to  Uuitarianism.  The  unfavorable  turn  of 
events  which  the  state  experienced  in  the  executiou  of  its  laws 
was  all  that  was  needed.  Massachusetts  was  now  ready  to 
join  with  her  sister  states  in  her  attitude  toward  the  church. 

^yllile  many  forces  contributed  to  bring  about  the  separation 
of  church  and  state  in  New  England,  there  is  none  so  promi- 
nent as  the  work  of  those  who  were  once  dissenters.  The 
Baptists,  Episcopalians,  Quakers  and  others,  fought  a  good 
fight  in  behalf  of  freedom.  Their  labors  never  ceased  until 
the  victory  was  won.  New  England  was  now  ready  to 
"render  unto  Ceesar  the  things  that  are  Caesar's  and  unto  God 
the  things  that  are  God's." 


^  Burgess'  Pages  from  the  Ecclesiastical  History  of  New  England,  pp.  121-2. 
*  Buck's  Massachusetts  Ecclesiastical  Law,  p.  64. 


^^  OF  THF. 


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